Is college loans for adult kids consider for a marital debts?
My marriage produced three kids. The college loans for these kids are in my name only and prior to the separation the loan payments were paid out of our joint account. Post divorce, my ex-wife claims the debt is not marital liability although the loans were taken out during the marriage.
How is the legal position for loans to dependent adult college kids?
Because the debt is in your name only, she has no liability from the loan servicer’s standpoint. For instance, they cannot come after her if you default on the payments.
However, from an equitable distribution standpoint, I would argue that this is a marital debt, as it was incurred during the marriage for the benefit of the children of the marriage. Be sure to address this in your separation agreement or court order so it is clear how payments are to be made going forward.