Legal Question in Family Law in Kansas
Student loans in a divorce
I cosigned for my wife's student loans before our divorce. Am I legally liable for them? Is this considered joint debt? These loans were not specifically mentioned in the divorce decree.
Asked on 1/21/08, 5:59 am
1 Answer from Attorneys
Rian Ankerholz
Ankerholz and Smith
Re: Student loans in a divorce
This question is much too complex to be satisfactorily answered in this forum.
In simple cases, the student who incurred the debt may be held responsible for it. That rule is tempered by the notion that both parties may receive benefit (past, present and future) from the knowledge and licenses gained by the education. The fact that a spouse co-signed for the loan signals who the creditor may pursue for repayment, instead of whom a court may deem responsible for the debt payment.
Answered on 1/21/08, 5:43 pm