Leone Law Offices

I am liable for my wife’s student loan?


Additional Info: My wife and I are getting divorced.  She took out a loan so she could finish her degree at  Boston College.   She said she would use the degree to get a job, but she hasn’t finished the program so technically the “community” hasn’t benefited from her returning to school.  Will I be liable for half of the loan?

Attorney Answer:

You will likely not be liable for half the loan.  In fact, you may not be liable for any of the loan.  The Court often is of the opinion that the recipient of the education is the only one that is going to benefit and thus the borrower/student will be solely responsible for payoff the loan.  However, if your wife shows that the student loan was used in lieu of income and used to pay marital/household expenses, she may have a winning argument that you are at least partially liable for the payment of the loan.

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