Courtney ∙ Clark Law, P.C.Courtney ∙ Clark Law, P.C.
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How are student loans handled in a divorce?

If you are one of the many Illinois residents who is facing an impending divorce, you are likely concerned about the need to divide up your assets and your debts. In addition to things like a home if you own one and cars, student loan debt may also become part of your divorce settlement. This may be likely if any such debt was incurred during the time that you and your spouse were married.

As explained by Student Loan Hero, a few things are evaluated when deciding whether or not one or both spouses should share in the repayment of one person's student loan debts. One of these things is whether or not the student earned a degree during the marriage and, if so, to what extent that degree contributed to the earning potential and lifestyle of both spouses. In the same vein, the earning ability of both spouses will be considered in the overall equation.

Another important factor is how the student loan money was used. While it may well be used to pay for things directly related to the educational costs such as tuition and books, it may also be used for things that support both spouses such as housing, food or transportation. The amount of support both financial and otherwise that the non-student spouse provided to the student may also be considered.

This information is not meant to provide legal advice but is instead meant to help give divorcing Illinois residents an overview of how student loan debt may be handled when splitting marital assets and debts.


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Courtney ∙ Clark Law, P.C.
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