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.
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.