Legal Question in Family Law in Florida
I am currently separated and will be filing for divorce. He is a law student in Florida, He is saying that since student loan is debt that we accrued during our marriage, then I could be responsible for half of the student loan. He has not worked for 2 1/2 years and I have worked for the majority of the time that he has been in school. Until he started school, he worked and was the main bread winner and I worked all along as well. What should I do and could I be responsible for half his student loan?
3 Answers from Attorneys
Generally speaking, Florida law disfavors saddling a former spouse with debt that the spouse can't use. In other words, you probably won't be stuck with half the student loan unless you can get half your husband's income as a lawyer. You can't benefit from the law degree, so he can't benefit from you paying part of his loans. Tell him to take a divorce law class before he graduates so he'll know better.
Generally speaking, absent some unusual circumstances, you will not end up paying for his loans so that he could be a lawyer.
I agree with my colleagues Mr. Rose and Mr. Wagner. I suggest you hire a lawyer to represent you as this could be a challenge - a little bit of knowledge can be a dangerous thing and could cause you much frustration. Good luck.