Legal Question in Family Law in Utah

ex-wife wants ex-husband to pay student loans

My husband his ex-wife were divorced in Utah in 1997. She now wants him to pay her student loans. The divorce decree doesn't mention the loans specifically it just says that each of them was liable for their own debts and any incurred during the marriage were to be split. The ex-wife has deferred these loans for over 10 years and according to the loan company he is not on any of the loans, only she is. He has paid his ex-wife child support for her two daughters (not his biologically)for their entire lives (they are 22 and 23 respectively) and his concern is now for his two biological sons (1 and 3 respectively). His ex-wife now is single and makes twice the income he does. Is there a statute of limitations on a divorce decree? If there is not will the financial status of both parties and the length of time that has passed be taken into consideration in regard to repayment of these loans? Thank you for your time and expertise.


Asked on 8/24/06, 12:52 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: ex-wife wants ex-husband to pay student loans

If the student loans were incurred while they were married, he is probably responsible for one half. However, he can argue that she was the sole beneficiary of the loans, that he never signed on them, and that it was her separate debt.

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Answered on 8/24/06, 1:19 pm


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