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Roger, Attorney
Category: Legal
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am currently going through a divorce in Nebraska. My question

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I am currently going through a divorce in Nebraska. My question pertains to student loans. My wife graduated in DEC 08, and were sepaerated for the most of 09, I have not benefited from the degree in any way. Am I responsible to pay half of her loan, even though I'll never benefit from it?
Are you on the loan as a guarantor?
Customer: replied 7 years ago.
I did sign in order for her to process her loan paper work.
Ok. In that case, you are obligated to pay the debt. A divorce decree cannot change that. However, if the judge orders her to pay this debt back without your help or contribution, and she defaults, and the lender seeks the money from you, and you pay, the court order gives you the right to recover any money you pay out from her.
Customer: replied 7 years ago.
Does this also peratin to other marital debt such as house that she was a consigner on or is that seperated by the decree?

Usually, all major debts are separated between the spouses. This is done as equitably (not necessarily equally) as possible. If you want to keep the car, you keep the payment; if she keeps the house, she keeps the payment, etc. However, there are always exceptions and you could get saddled with paying part of a note for something she's using because you make more money, etc.

Customer: replied 7 years ago.
If I made lump sum payment to balance the books, would I still be on the hook if she defaulted on the student loan?
Yes. Unless you can get the lender to release you, which is highly unlikely, you're on the hook until the loan is paid off.
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