Legal Question in Family Law in Arizona

Who is typically responsible for a student loan when there is a divorce?

I recently filed for divorce after 9 years of marriage. The first 8 years of the marriage, I provided sole income for my family of 5 while my spouse completed her education, during which, she accrued $38K in student loans. 6 months prior to her graduation she started several extra-marital affairs, and we separated 6 months after she graduated. She argues that due to community property laws, I am responsible for a portion of her student loan, but I clearly reaped no benefit from her education, only debts. Would I be held liable to her loans? I did not sign any documents claiming any financial responsibility.


Asked on 5/02/02, 12:23 am

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Who is typically responsible for a student loan when there is a divorce?

Typically, the party incurring the student loan would retain the student loan. However, under the letter of the law, ANY debt incurred during the marriage is a community debt. So, while she CAN make the argument, I expect that most Judges would assign the loan to her.

Please call me directly with any additional questions or to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 5/02/02, 9:39 am


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