Legal Question in Family Law in Pennsylvania

Is a consolidated student loan considered marital debt? My wife and I were married in 1995 and we consolidated our undergrad loans shortly after they were due to be paid on. I went to grad school, and in 2001 we consolidated with the other loans the grad loans. We are now going through a divorce and the loan company is insisting that since we consolidated that we are equally responsible for the loan. They said there is a wiaver we signed during the consolidation stating that even if there is a change in marital status we both have to pay the remaining loan. So, I guess my question is the loan considered marital debt since it has been consoldated?


Asked on 6/01/10, 5:28 am

1 Answer from Attorneys
Rachel Hunter

Your debts are your debts and your wife's debts are her debts if the debts were incurred prior to marriage or after the date of separation. If the debts were incurred after marriage, they should still be separate - they were not really for a marital purpose (consolidation does not turn them into marital debts). However, I do not know what you signed. It may be that you signed a form obligating you each to be responsible for each other's debts. I can review the documents for you for a fee if you are not already represented. If you are going through a divorce and have a divorce lawyer, the debts should be divided in equitable distribution and I suggest that you talk to him or her about it.

The student loan lender will not care who pays as long as it gets money. If it is a federal student loan, they can garnish your wages, the debts are not generally dischargeable in bankruptcy (with some exceptions) and there is no statute of limitations on the debt.

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Answered on 6/01/10, 11:36 am


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