(831) 275-1191

Family Law Firm In Monterey

Menu Contact

Divorce and student loan debt in California

Many California residents are struggling with a significant student loan debt burden. The cost of higher education has risen dramatically in recent decades, as have student loan obligations. When people decide to divorce, they may be particularly concerned with the financial implications, especially as they can have long-term consequences that linger on for years after the end of a marriage. When student loans are a major burden, both parties may be wondering how this debt will be divided.

In general, most people who already had their student loan debts before marriage will remain responsible for the loans after divorce as well. The obligation will remain a separate debt belonging to the spouse who studied. However, the situation can vary greatly for student loans acquired during the marriage. As California is a community property state, all debt accumulated during the marriage is generally considered marital debt to be divided equally between the spouses in divorce. However, there is an exception in state law that governs the treatment of student loans.

In general, student loan debt is assigned to the spouse who studied and took out the loans, absent an agreement to the contrary or evidence that both spouses benefited from the loans and the education they made possible. When people divorce less than 10 years after the loans were taken out, there is a presumption that both spouses did not benefit from them; the opposite is true for loans taken out 10 or more years before the divorce. In both cases, this presumption can be rebutted in court.

When people decide to divorce, student loan debt may weigh heavily on their mind as a concern during property division. A family law attorney can provide advice and strong representation to advocate for a fair split of marital assets and liabilities.

No Comments

Leave a comment
Comment Information
  • super-lawyers-badge
  • superior-court
  • ASLA-2019-badge
  • VABA
Contact The Firm

Get The Family Law Representation You Deserve

Contact our office at 831-275-0987 to schedule a free initial consultation with a divorce lawyer at R.S.C. Law Group, LLC.
Our clients come from throughout Monterey County, California.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Brand

Office Location:

587 Hartnell Street
Monterey, CA 93940

Phone: 831-275-0987
Monterey Law Office Map

Phone Numbers:

Contact Us