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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111468
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I brought $20K student debt (private, family loan)

Customer Question

Hello:
I brought $20K student debt (private, family loan) into the marriage.
Paid off 5 years ago. No prenuptial.
Can my spouse claim compensation for this debt, in a divorce situation?
Thanks
Michael
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What state are you in?

Were marital funds used to pay off the loans?

How long was the marriage?
Customer: replied 1 year ago.

NC

Yes, shared / marital funds.

10 years marriage.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

She could try to make a claim for 1/2 of the funds spent paying your student loans, since the funds were marital funds. The reason I asked about length of marriage though is because the court also looks at that to determine if she received the benefit of that education through your employment and efforts in supporting the family from that employment. Generally, in a long term marriage (7+ years) the court will find that even though marital funds were spent to pay back student loans, if the marriage benefited from the education, then that repaid the marriage for the payment of the student loans.

So, legally, spending marital funds on your separate student loan debt is potentially recoverable unless the court finds that she benefited from that education through the time of the marriage, which is considered long term, and in that case she would not be able to recover her marital share of that money.
Customer: replied 1 year ago.

Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much.