When is student loan marital debt?


#1

Is student loan marital debt if it was:

a) acquired during the marriage and before date of separation
b) had a verifiable value (liability) at date of separation
c) was incurred to acquire a degree which then increased the family income during the marriage and will continue to provide additional income which will benefit children of said marriage through child support in amounts greater than they would have received otherwise.
d) if substantial portions of said student loans were used to support my wife and children while I attended school and she remained a stay-at-home mother.

Thank you


#2

Since the loan was incurred during the marriage, and some of the money was used to benefit the family the court can include the debt, or a portion of the debt in the martial estate. However, the modern view tends to treat the bulk of these loans as separate in nature, as the party incurring the loan will get the benefit of the education and increased future earning capacity.