A recent article in the Wall Street Journal explored who is responsible for student loan debt acquired before a couple gets married. The growing student loan burden on recent college graduates has been well reported in the media with undergraduate tuition becoming more expensive each year. While an undergraduate degree has become very expensive, the financial burden associated with a medical, legal or business degree can be enormous. How does divorce impact such educational debt? Who is left footing the bill for student loan debt when a marriage ends in Tennessee?
Tennessee is an equitable distribution state meaning family courts separate marital property and debt according to what the court deems is fair and equitable to both spouses. Whether or not a Tennessee court will treat student loans as marital or separate debt depends on when the spouse took on the debt, whether the other spouse benefitted from taking on the loan, and which spouse is financially able to repay it.
Generally, if one spouse took on all his or her student loans before he or she got married, the loans are considered separate debt. If the student gets married and then takes out more loans, the court may consider other equitable factors to determine whether it is marital debt, such as the ability of the student to repay the loans as compared to the other spouse. Even if the entire student loan debt was taken on during the marriage, the court will consider it to be marital debt if the spouse can show that the debt benefitted both spouses. If both spouses lived off the student loans or if the education acquired was used to better the lives of both spouses, it likely will be considered marital debt.
Therefore, marriage alone does not transform one person’s separate debt into a joint, marital debt. Instead, the general rule is that any student loan debt that preexists the marriage will remain the sole obligation of that person in the event of a divorce. Only in unusual cases where there is a specific contractual agreement otherwise would the debt be divided following a divorce.
With all that said, separation of student loan debt during divorce proceedings can be tricky because the debts entered into during a divorce can be reapportioned at the discretion of the judge based on a variety of factors including ability to pay. The key to not being responsible for your spouse’s student loan debt is to seek and acquire the services of a competent legal professional. Contact attorney Donna Wagner for a consultation.
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“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.
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Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!
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I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.
