<p>Hello, i have a question, if my spouse files and gets a loan through fafsa (we file our taxes jointly), and we divorce later on that year, will both of us still be responsible for paying back the loan even though it just only my spouse who is using it for school?</p>
<p>Is it a Stafford loan? Dividing debt will depend on the state & the court.
Debt acquired during the marriage is generally regarded as shared. Even if they are the one attending college, the assumption is furthering education will benefit the “family” not just the individual.</p>
<p>[Debt</a> and Marriage: When Do I Owe My Spouse’s Debts? | Nolo.com](<a href=“http://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html]Debt”>When Do I Owe My Spouse's Debts in Community Property States | Nolo)</p>
<p>LOL…if I were made to pay back a hubby’s student loan debt after divorce, then I’d expect a cut from his future pay…and I hope my atty would make that argument.</p>
<p>.If you expect you are going to divorce before the loan is taken out, I would file for a legal separation before that.</p>
<p>Can you imagine if your spouse had some huge law school/med school debt and you had to help pay it back after divorce, but you didn’t get a nice cut from the future income?</p>
<p>If you lived in a community property state perhaps you could make a case for alimony.</p>
<p>When it comes to school loans like the Stafford, the person responsible for the lender is the person who signed for the loan. If you cosigned, then you are responsible if the primary lender does not make payment.</p>
<p>However, in a divorce situation, loans, debts, assets are divvied up often in collective amounts. Like if the two of you in various loans, his, yours, both of yours, owed a certain amount, it is possible that they are taken as one big fat debit against the conglomerate assets. That all depends on your state divorce laws and what agreements your attorney can get. </p>
<p>So, though you might not be directly paying for a loan, it can offset income/assets you might otherwise have gotten had the loan not been there.</p>