Legal Question in Family Law in Washington

Re: Student Loans

As a general rule in the state of Washington, any debts or assets acquired during marriage are community property. Accordingly, both spouses could be responsible for student loans incurred during marriage.

In a divorce case where Washington law applies, the court makes a 'just and equitable' division of all property of the spouses. The court may consider the nature of the property, the duration of the marriage, and the economic circumstances of the parties. Hence, it is largely within the discretion of the court as to how the student loan debt would be divided between you and your spouse.

However, it is possible that Arizona law would apply to the student loans if Arizona were the state of marital residence when the loans were acquired.

If you would like assistance with this matter, please do not hesitate to contact me. I offer affordable family law services.