Legal Question in Education Law in Indiana

Splitting up a spousal consolidation loan

I have been divorced now for a little over a year. When I was married my wife and I had consolidated our school loans, and when we split up, I had decided to be the nice guy and take up the payments. This was not in the divorce papers; however, with the economic times being as hard as they are, and having to worry about putting clothes on my back and a roof over my head, I cannot afford to make 'our' payments. Is there a way to split up a spousal consolidation loan, so that we are each liable for our own loans? What type of lawyer would I seek if the loan can be split up to what the original loans were?


Asked on 5/26/09, 9:11 am

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: Splitting up a spousal consolidation loan

This was a matter that should have been disclosed in family court as part of the property division. If you had a lawyer, then they had an ethical obligation to discover this joint marital debt and disclose it to the court. You can try returning to the court and amending the property division. Otherwise, you have gifted to your ex spouse the right to forego her debt obligation.

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Answered on 5/29/09, 3:52 pm


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