Legal Question in Family Law in California

Unfortunately there is a legal presumption that student loan debt is you separate property. The burden would be on you to PROVE, not just alledge, to the contrary. Also, you do not SUE for that, but it is just one more issue to be discussed in the normal course of a divorce.

It certainly is not an argument I would advise anyone to make going through a dissolution. It has very little chance of being successful and will probably make you look bad in the eyes of the court. You used student loan funds to support YOUR FAMILY which you have a legal obligation to do. Now, basically, you want your wife to be responsible because you got the money from a student loan. Even if this was a valid argument, I would think you would have an incredibly hard time showing the paper trail.