Student Loan Debt Responsibility After Divorce

Divorce is probably not the first word that comes to mind when you think about repaying your student loans.

But for married couples who are splitting up, debt — and who’s responsible for it — can be a very real factor in a divorce settlement. So how does student loan debt get split in divorce?

There isn’t one right answer to this question — it depends on countless factors, often including what state you live in, and when you took out the loan.

But first, we want to be clear that nothing in this article should be taken as financial or legal advice. This broad overview of student loan debt responsibility after divorce doesn’t take your unique circumstances into consideration, which is why we recommend discussing the specific details with a financial advisor or attorney.

That said, let’s look at divorce and student loan debt and what the impact might be in various circumstances.

Addressing Separate Student Loans

When it comes to student loans, divorce can make things tricky. Whether student loan debt gets split in a divorce depends on a number of factors, including who owns the loans and the state in which you live.

Determining Ownership Based on State Law

In a divorce, assets and debts are typically divided in part based on whether or not they are considered to be marital property, which can vary by state. You are typically responsible for loans taken out in your name before you were married, and likewise for your ex-spouse.

Debt in a divorce can get a little bit more complicated if you or your spouse took out a student loan after marriage. These loans may be considered marital property, depending on the laws in your state and the circumstances under which you took out the loans.

Community Property vs Equitable Distribution

When addressing marital property, states typically use either community property laws, in which property or debt taken on during a marriage is jointly owned (known as communal debt), or equitable distribution laws, where the property or debt belongs solely to the spouse who initiated the purchase or debt. In states with community property laws, marital assets and debts are split 50-50 between spouses.

Most states have equitable distribution laws, which can make dividing assets or debt a little more confusing. In these states, each spouse has a claim to an equitable share of marital property, which may or may not be divided equally.

Courts have final say over what’s fair and equitable. To determine that, they may look at each spouse’s income, earning potential, or the support one spouse provided while the other was in school, such as child care or even the opportunity costs of putting their own education on hold. Furthermore, if you or your spouse took out student loans to pay for an education that benefited you both, that could also be a consideration in court.

Recommended: Student Loan Debt Guide

Approaching Refinanced Loans

If you or your spouse have refinanced student loans, whose names the loans are in and whether one of you cosigned the other’s loan can determine who is responsible for the debt and how it may be separated in divorce.

Joint Refinancing and Liability After Divorce

Some couples may have combined their separate student loans into one big joint refinanced loan while they were married, though not all lenders allow this.

If you and your spouse have a joint refinanced loan, state law will typically dictate how it’s handled. In equitable distribution states, how the debt is divided by the courts may depend on your financial circumstances. In community property states, the courts decide whether the loan is communal debt and then split the debt evenly

Even if a couple did not refinance their loans jointly, they may have refinanced one partner’s loans with the other serving as the cosigner. For example, if one member of a couple wanted to refinance their loans but didn’t qualify, their spouse may have decided to cosign the refinanced loan in order to help them qualify for or secure a better rate.

When couples cosign on their partner’s loans, both spouses are on the hook for the debt. While this may work while a couple is together, it can make things complicated when your ex-spouse is the cosigner of your refinanced loan. This new loan is owned by the couple, and may be considered marital property subject to community property laws or equitable distribution laws.

Finally, if you have joint student loan consolidation of federal loans — a program that was discontinued by the Education Department in 2006 — there is a way to separate your joint loan obligation and reconsolidate into new individual Direct Consolidation Loans. You can learn more about the process from the Federal Student Aid office.

Steps to Separate Refinanced Loan Responsibility

To deal with divorce and student loan debt in the case of a loan that’s been refinanced, you can separate the responsibility for repaying the loan by refinancing the loan in the name of the spouse that is keeping the debt. If the debt is being split between both spouses, it may be possible for each spouse to separately refinance their share of the debt, but each will have to qualify with good credit and income, which can be difficult to get approval for. Not many lenders offer this option.

You may want to speak to an attorney in your state to help figure out the best way to proceed for your specific situation.

Paying Your Part

In cases where debt is considered marital property, divorcing couples on good terms can decide how to divide student loan debt and have a court sign off on it. However, in some cases, ex-spouses may simply not be able to take charge of dividing things up, and the court can decide how the debt will be divided instead.

At this point, you’re losing the power of a combined income to pay off your loans, so you may need to consider strategies to help the newly-single you afford your payments.

Refinance Your Student Loans

First, you may want to consider the option to refinance student loans to potentially secure a better rate or term. A better interest rate and shorter term might help you pay down your debt faster and could reduce the money you spend on interest over the life of the loan.

You can shop around for student loan refinancing rates to find the best rates and terms for your situation.

If you lengthen the term of your loan, you may be able to lower your monthly payments, which can help if your budget is strapped. However, longer terms typically mean you’ll end up paying more over the life of the loan.

Using our student loan refinancing calculator could help you see how much you might save.

Keep in mind that if you choose to refinance federal student loans with a private lender, you lose access to federal benefits, including income-driven repayment plans (discussed below) and student loan forgiveness.

Recommended: The Impact of Student Loan Debt

Use an Income-Driven Repayment Plan

Federal loans currently have income-driven repayment (IDR) options that can also help you lower your monthly payments. These income-driven repayment plans have you pay a percentage of your discretionary income, generally 10% to 20%, toward your student loans each month. And if you pay your loans off on one of the IDR plans, your remaining balance may be forgiven (though that forgiven balance will be taxed as income).

Remove Your Student Loan Cosigner, if Applicable

If you refinanced your student loans when you were married and your spouse was your cosigner, you could also consider refinancing a second time — as an individual. This could allow you to not only qualify for new loan terms or rates, but also ensure that your ex’s name is no longer tied to your student debt. You can calculate your student loan payments to help determine what you might pay with a new interest rate and/or term.

Communicate Changes to Your Loan Servicer

Once you’ve chosen a plan of action, it’s important to reach out to your loan servicer to let them know how you will be proceeding, so that they can update your account accordingly. There may be paperwork you’ll need to complete as well; be sure to find out what’s required.

How Divorce Settlements Can Affect Student Loan Repayment

The way your student loan debt is divided in divorce, and whether you live in a community property or equitable distribution state, determines how you or your ex — or both of you — can move forward with repaying the debt.

Including Student Loans in Divorce Agreements

Your divorce agreement or divorce degree should stipulate exactly who is responsible for repaying the student loan(s), as well as the plan for how it will be repaid.

Legal Support for Resolving Loan Disputes

If you and your soon-to-be ex can’t agree on how your student loan debt should be handled, you can get help from lawyers in your state that specialize in family law and the division of debt. Generally speaking, these legal professionals help negotiate settlements in a divorce and represent individuals in court. You may also want to consult an attorney who specializes in student loans, depending on your unique situation.

If you need help finding a lawyer, the American Bar Association has a lawyer referral directory you can consult, and LawHelp.org offers low-cost legal assistance for eligible individuals.

The Takeaway

Going through a divorce is difficult enough — figuring out who is responsible for student loan debt as you and your ex go your separate ways can make it even tougher. The state you live in and when the loans were taken out can help determine who owes what.

Repaying your student loans on a single income after divorce might call for ways to make it more affordable, such as using an income-driven payment plan or refinancing the loans. Explore the different options to decide what works best for your financial situation.

Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.

With SoFi, refinancing is fast, easy, and all online. We offer competitive fixed and variable rates.

FAQ

Am I responsible for my spouse’s student loan debt if we divorce?

A spouse is typically liable for student loans taken out in their name before marriage. But if the loans were taken out after you were married, they might be considered marital property, depending on the laws in your state. If your state is a community property state, the student loans would generally be treated as jointly owned. If you live in an equitable distribution state, marital debt is divided by the courts based upon what they deem fair and equitable.

Does my spouse take on my student loan debt?

Your spouse does not typically take on your student loan debt for loans you borrowed before you were married. However, if you took out student loans after your marriage, your spouse might also be responsible for that debt.

What happens if I marry someone with a lot of student loan debt?

If you marry someone with a lot of student loan debt, the debt remains theirs alone, unless they refinance the loans with you as a cosigner. In that case, you are equally responsible for the debt. Your spouse’s student loan debt could also potentially impact your approval for any loans you apply for together, such as a mortgage, since the loan debt would be included in your debt-to-income ratio, which lenders use to help evaluate a borrower’s ability to repay a loan.

Can student loans be split in a divorce settlement?

Yes, student loans can be split in a divorce settlement, but whether and how it happens generally depends on the state you live in and when the loan was taken out. Loans borrowed before marriage are generally considered the responsibility of the individual who took them out.

If the loans were taken out after marriage and your state uses community property laws, the debt is jointly owned and split 50-50 in divorce. In states with equitable distribution laws, the debt is divided in a way a judge deems fair and equitable.

How do courts handle student debt in community property states?

In the nine community property states in the U.S., student debt taken out during a marriage is considered jointly owned, and it is divided equally between both spouses — even if the loan is in just one spouse’s name. If the loan was taken out before the marriage, the debt is generally considered the responsibility of the person who borrowed the money.

---

SoFi Student Loan Refinance
Terms and conditions apply. SoFi Refinance Student Loans are private loans. When you refinance federal loans with a SoFi loan, YOU FORFEIT YOUR ELIGIBILITY FOR ALL FEDERAL LOAN BENEFITS, including all flexible federal repayment and forgiveness options that are or may become available to federal student loan borrowers including, but not limited to: Public Service Loan Forgiveness (PSLF), Income-Based Repayment, Income-Contingent Repayment, extended repayment plans, PAYE or SAVE. Lowest rates reserved for the most creditworthy borrowers. Learn more at SoFi.com/eligibility. SoFi Refinance Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891 (www.nmlsconsumeraccess.org).

SoFi Private Student Loans
Please borrow responsibly. SoFi Private Student loans are not a substitute for federal loans, grants, and work-study programs. We encourage you to evaluate all your federal student aid options before you consider any private loans, including ours. Read our FAQs.

Terms and conditions apply. SOFI RESERVES THE RIGHT TO MODIFY OR DISCONTINUE PRODUCTS AND BENEFITS AT ANY TIME WITHOUT NOTICE. SoFi Private Student loans are subject to program terms and restrictions, such as completion of a loan application and self-certification form, verification of application information, the student's at least half-time enrollment in a degree program at a SoFi-participating school, and, if applicable, a co-signer. In addition, borrowers must be U.S. citizens or other eligible status, be residing in the U.S., Puerto Rico, U.S. Virgin Islands, or American Samoa, and must meet SoFi’s underwriting requirements, including verification of sufficient income to support your ability to repay. Minimum loan amount is $1,000. See SoFi.com/eligibility for more information. Lowest rates reserved for the most creditworthy borrowers. SoFi reserves the right to modify eligibility criteria at any time. This information is subject to change. This information is current as of 4/22/2025 and is subject to change. SoFi Private Student loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891 (www.nmlsconsumeraccess.org).

SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.

Non affiliation: SoFi isn’t affiliated with any of the companies highlighted in this article.

This article is not intended to be legal advice. Please consult an attorney for advice.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

External Websites: The information and analysis provided through hyperlinks to third-party websites, while believed to be accurate, cannot be guaranteed by SoFi. Links are provided for informational purposes and should not be viewed as an endorsement.

SOSLR-Q126-003