Divorce is not a simple process. Kentucky spouses who have experienced divorce firsthand know that one of the most difficult issues to arise in a divorce is property division. Often, divorcing spouses fight for what they think is their fair share of assets, which can drag the entire process out. Aside from property and assets, our readers need to understand that debts are also divided in the event of marital dissolution.
Many people often resort to obtaining student loans to pursue educational advancement. When a person who owes a student loan decides to marry and then finds himself or herself amid divorce, there can be complications, especially when dealing with property division. Some readers may think that the student loan, which is a form of debt, will be divided between the spouses automatically, but that is not always the case.
When a debt is obtained prior to marriage, it will be considered separate property and therefore will not be subject of division. In cases where the student loan was obtained during the course of marriage, the debt can be divided between the spouses. Courts may consider the contributions of one spouse to the spouse who had obtained the loan in deciding how to divide the debt. Additionally, a jury may also consider the financial situation of the person who will pay the debt once the marriage has ended. If a couple had drafted a prenuptial agreement that dictates how the student loan will be divided, the judge will honor it as long as it has met the state guidelines.
In Louisville, a spouse who is currently dealing with property division should not relate their case to the divorces of other people because every situation is unique from one another. It is best to know all of the options to ensure that every aspect of the divorce case is handled properly.
Source: Wsj.com, "Who is responsible for the student loans after divorce?," Charlie Wells, April 13, 2014