Legal Question in Family Law in Louisiana
student loan
my son is gettting a divorce, does he have to paid for his wife student loan that is in her name. she makes more money than he does. his name is not on the loan.
2 Answers from Attorneys
Re: student loan
As a general rule, student loans are seen as the personal obligation of the one who incurred them. However, that is not necessarily a hard-and-fast rule. It will depend a great deal upon when she incurred the loans (prior to marriage or during the marriage), whether the community has profited from the education, and a host of other criteria. It also depends upon what context this is being asked. If you are talking about interim spousal support, perhaps; if you are talking about a property settlement after divorce in which each party undertakes part of the obligation and receives part of the assets, possibly. For what it's worth, the student loans are not collectible by the student loan lender against a non-signing, non-student spouse.
Re: student loan
If it is a community debt, then the community owes it.