MIAMI, Florida. If you and your future partner have student loans, you may want to take some time to think about how student loans can impact your finances after you are married. While the student loans you took out before you were married will each be considered separate debts, if you and your partner are still in school or will still be in school after you get married, you might want to consider getting a student loan prenuptial agreement. Depending on where you live and what you use student loan money for, one partner’s student loan could be considered community debt should the marriage end. So, if you don’t want to find yourself paying for your ex’s medical school or legal debt, you might want to think about signing a student loan prenup.

Marriage can also impact other aspects of your student loan burden. According to USA Today, if you are on a pay as you earn repayment plan, you may find yourself facing a higher student loan bill once the government starts calculating you and your partner’s income together. You may be better off on another payoff plan and file your taxes separately, but then you might lose out on joint filing tax benefits. These matters can be complex, so if you have student loans and are planning on getting married, it isn’t a bad idea to chat with a financial planner.

If you plan to help your partner pay off his or her student loans while you are married, you may also want to see a student loan prenuptial agreement lawyer from Should you get divorced, you want a clear understanding of how the money you use to help your partner with these debts will affect your divorce agreement.

Student loans can impact couples during divorce. Surveys of divorcing couples found that couples with student loans sometimes delayed their divorce or took on debt to get divorced. Divorce can be costly enough, but it can be even more expensive if one partner ends up being responsible for the other partner’s student loan debts. This can happen if the courts decide that the student loan money was used for living expenses or when the courts find that the student’s degree contributed to the financial strength of the marriage.

Delaying a divorce for financial reasons is not something anyone wants to end up doing. Not only could the couple’s finances worsen if the couple delays divorce when divorce is inevitable, but there is a great emotional cost of staying in a marriage that is over.

If you have questions about how student loans might impact your marriage, consider speaking to a lawyer from Our firm can help you understand your rights and options and assist you in drafting a prenuptial agreement that will both protect your rights and be enforceable should it ever need to be used.

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