Legal Question in Family Law in Louisiana

student loan

my son is gettting a divorce, does he have to paid for his wife student loan that is in her name. she makes more money than he does. his name is not on the loan.


Asked on 4/10/04, 11:50 am

2 Answers from Attorneys

Carolyn Patrick Law Office of Carolyn Patrick

Re: student loan

As a general rule, student loans are seen as the personal obligation of the one who incurred them. However, that is not necessarily a hard-and-fast rule. It will depend a great deal upon when she incurred the loans (prior to marriage or during the marriage), whether the community has profited from the education, and a host of other criteria. It also depends upon what context this is being asked. If you are talking about interim spousal support, perhaps; if you are talking about a property settlement after divorce in which each party undertakes part of the obligation and receives part of the assets, possibly. For what it's worth, the student loans are not collectible by the student loan lender against a non-signing, non-student spouse.

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Answered on 4/10/04, 11:58 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: student loan

If it is a community debt, then the community owes it.

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Answered on 4/12/04, 9:06 am


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