I incurred a significant portion of student loan debt prior to the marriage and a smaller portion after the marriage. To date, the loans are in forbearance. I was able to obtain a career largely in part to my education, which thereby was of benefit to the marriage, and for the last nine years of the marriage, I paid the bulk of the household expenses. Is my husband responsible for the repayment of any portion of the student loans since my education served as a benefit to him as well as me during the 15-year marriage?
Marital debt is debt incurred during the marriage (between date of marriage and date of separation) and is for a marital benefit or marital purpose.
Your student loans from before the marriage you are separate debt and sole responsibility.
The student loans you incurred during the marriage would be marital to which your spouse would be half responsible if the loans can be attributed to higher income to you during the marriage, there was extra loan money that was used for living expenses for the marriage while you were in school, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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