• Frequently Asked Questions

    Our blog features a wealth of knowledge pertaining to some of the most frequently asked family law questions.

    Read More
  • Sign Up For Our Free E-Course

    Click here to sign up for our free E-Course on Divorce! It has been specifically created to help people who are considering divorce and wish to learn more about the divorce process

    Sign Up Now
  • Schedule Your Free Consultation Now

    Schedule a risk-free consultation today and we can assess your case.

    Book Now
  • Meet With a Finance Specialist

    Discuss payment plan options and more with a finance specialist.

    Get Started Now
  • Texas Divorce Handbook

    Read about the divorce process in Texas, and receive a valuable offer worth $350 inside!

    Learn More
  • Download Our Free E-Book

    16 Steps To Help You Plan & Prepare For Your Texas Divorce.

    Download Now
  • Download our Free Divorce After Age 50 in Texas E-Book

    Click here to download our free e-book about divorcing later in life

    Get Started Now
  • Download Our Child Support Modification in Texas E-Book

    Learn more about Texas child support modifications from this free e-book

    Learn More
  • Download Our Child Custody Basics in Texas E-Book

    Get the facts on child custody in Texas in this free e-book

    Download Now
  • Upcoming Events

    Click here to learn more about upcoming events hosted by our firm

    Learn More

How are student loans handled in a divorce?

Student loans taken out in order to earn a degree are treated much the same as other debts that a couple has accumulated. When that couple enters into divorce proceedings the big question then becomes whether the debt is considered to be separate or community property.

Like other assets- their home, vehicle(s), personal items- student loans are divided in a divorce. This means that even if the loan wasn't one that you used to go to school, the debt can be distributed to both spouses potentially.

Separate property can include assets that were acquired prior to when a person got married or a gift/inheritance from another person. The standard in order to prove that an asset should be considered separate is clear and convincing evidence. If a party can't meet this standard the asset, in our case student loan debt, may be considered community property and be divided up between the parties.

What the student loan was used to pay for can go a long way to aiding a court in determining how the loan should be considered. If the loan was used to pay for books and tuition it's more likely that the debt will be considered the separate responsibility of the spouse who took the loan out. However, if the loan was used to pay for rent on an apartment that both spouses lived in a community debt finding may be more likely.

Another factor that is considered by courts is whether or not the borrower earned a degree and if degree helped the parties increase their collective earning power. If both parties benefited from one spouse taking out a student loan then the chances of it being considered to be community property.

Finally, the earning capacity of both parties can be looked at as another factor to be weighed. If one party earns a significant amount more than the other spouse it's more likely that the debt will be considered to be separate property and not the partial obligation of the spouse who did not incur the debt.

With costs of attending college and graduate school at all time highs, it is extremely important to be advised correctly on how to best present your case to a court. The attorneys at The Law Office of Bryan Fagan understand the issues surrounding student loan debt and how they can affect your divorce.

LAW OFFICE OF BRYAN FAGAN | SPRING, TEXAS DIVORCE LAWYERS

If you have questions regarding divorce, it's important to speak with a divorce lawyer right away to protect your rights. Our divorce lawyers are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. Law Office of Bryan Fagan handles Divorce cases in Spring, TX, Spring, Cypress, Klein, Humble, Tomball, the FM1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers, Galveston, Brazoria, Fort Bend County and Waller County.

Comments

No Comments Posted
  • Frequently Asked Questions

    Our blog features a wealth of knowledge pertaining to some of the most frequently asked family law questions.

    Read More
  • Sign Up For Our Free E-Course

    Click here to sign up for our free E-Course on Divorce! It has been specifically created to help people who are considering divorce and wish to learn more about the divorce process

    Sign Up Now
  • Schedule Your Free Consultation Now

    Schedule a risk-free consultation today and we can assess your case.

    Book Now
  • Meet With a Finance Specialist

    Discuss payment plan options and more with a finance specialist.

    Get Started Now

Contact Us

Law Office of Bryan Fagan
Spring Divorce Attorney
Located at: 17101 Kuykendahl Rd,
Houston, TX 77068
View Map
Phone: (281) 810-9760
Office Hours:
Mon-Fri 8 AM – 6 PM
Saturday- By Appointment Only
Website:
© 2017 All Rights Reserved.

Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.