Legal Question in Family Law in New York

College loan debt in marital settlement

My husband was and is going to seminary (M. Div.) to become an ordained minister. He had scholarships/grants from our church. The rest we paid for. My husband had an affair and when I insisted that he break it off, she got mad and ''reported'' his adultery to the church. The church then dismissed him as a ministry candidate and cancelled the grants. He changed denominations to continue with his ministerial quest. To pay for school, he took out loans, even though I objected. The loans are in his name only as I would not sign the papers. When I told him that I wanted a divorce, he began an affair with a married woman. I have emails to prove this. We are trying to divide marital assets and liabilities and he insists that I am responsible for half his school loans. He is 55 and already has a successful career. I will never receive any benefit from his schooling and I am doubtful that he will either. Am I legally responsible for the loans? If yes, might these circumstances change that?


Asked on 11/20/03, 1:47 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: College loan debt in marital settlement

It is unlikely you will be held liable on account of his personal debt, if it is shown that the debt was not acquired for necessities or for making an investment and contribution to the marital res or property; AND you did not guaranty or sign for the debt. In addition, you may be able to argue that this debt and the way he addressed it, constitutes "waste" of marital assets. That's a stretch, but not entirely unreachable.

GOOD LUCK.

Read more
Answered on 11/20/03, 2:36 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York