How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JD 1992 Your Own Question
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
Type Your Family Law Question Here...
JD 1992 is online now
A new question is answered every 9 seconds

I have a question about student loans and divorce in

Customer Question

I have a question about student loans and divorce in california
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: are you a human?
JA: I'm an assistant to the Family Lawyer. I work with them to help customers like you.
Customer: this is a bot isn't it?
Submitted: 1 month ago.
Category: Family Law
Expert:  JD 1992 replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

No, it's not a bot, or at least I don't think it is.

Expert:  JD 1992 replied 1 month ago.

We have a number of people that work at the office and that pick up on questions like that and then send them on to the experts.

Expert:  JD 1992 replied 1 month ago.

Is there a specific question with which I could assist?

Customer: replied 1 month ago.
Lol, okay thanks. So I am wondering if my student loan debt will be assigned to me or a shared debt in my divorce. I haven't yet graduated and owe about $57,000. Most of that money went to tuition, however I received about $55,000 in grants, employer reimbursement, and tax credits in that period. This money all went towards the house, car repairs, kids birthdays ect. What do you think?
Expert:  JD 1992 replied 1 month ago.

Generally a student loan is assigned to the person who incurred it. However, if you spent a lot of the money on living expenses, etc. then you can certainly ask the judge to award a share of that to each of you.

Customer: replied 1 month ago.
the money I received for my education beyond loans like tax benefits and employer credits and taxes wouldn't be considered? also how about if I havnt graduated, we were married for the entire period I recieved the loans.
Expert:  JD 1992 replied 1 month ago.

Yes, as a general rules that is correct. Most judges don't award student loans to the other spouse in a divorce because of the theory that they won't enjoy the rewards of the education.

However, if you can offer proof that you used the monies you received for marital expenses then that portion of the money can be awarded to the other spouse or split between the spouses in the divorce.

Related Family Law Questions