Legal Question in Family Law in Colorado

Repayment of spouse's school loans

I put my education on hold so that my husband could finish his. He has less than a year to go to get his bachelor's degree, and we are now in the process of divorcing. He claims he is going to have to quit school to get a second job and that I should help pay for his school loans since they were incurred during our marriage. Am I responsible for repayment of his student loans?


Asked on 6/20/00, 12:01 am

3 Answers from Attorneys

Stanley Spring Stanley A. Spring, Attorney at Law

Re: Repayment of spouse's school loans

This is a difficult question. Would the chances of your husband getting a better job be substantially improved? It is entirely possible that the judge might say that he�s the one that got the benefit of the education so he gets to pay for it. What did you give up to help put him through college? That would affect the judge�s decision. We don�t really have traditional alimony in Colorado. The judge may make a monetary award to help you get on your feet after the separation or if you were to go to school your husband my be required to help you pay for that.

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Answered on 8/28/00, 6:57 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Repayment of spouse's school loans

I agree with the other two answers. You should also consider that if your husband's education qualifies him for a professional license such as accountancy, for example, you could have an interest in that professional license in the future if your efforts are found to have contributed significantly to his gaining the license. Your overall circumstances during your marriage will control by the offesetting of benefits, but this item should figure in if applicable.

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Answered on 8/29/00, 10:28 am
Jack Harding Denver Center for Divorce Solutions

Re: Repayment of spouse's school loans

The judge will decide based on the totality of the circumstances, e.g., was any of the money used to support the family, how much did the eductation improve his employability, what is your employment situation, are there children, was it a marital decision that he should go to school, etc. If he is more employable, it may increase the likelihood you would get alimony.

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Answered on 8/28/00, 4:23 pm


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