Attorney Katherine Kraus

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in Peoria!!!

How student loan debts can be handled in a divorce

On Behalf of | Jun 20, 2019 | Divorce

It isn’t uncommon for married individuals in Arizona and throughout the country to have student loan debt. When that debt is acquired could play a role in how it is managed in a divorce. Generally speaking, debts accumulated before a marriage remain the responsibility of the person who accumulated them. Debts that were accumulated after a marriage begins could be considered marital property. This means that both parties to the relationship could be liable for repaying them.

Arizona is a community property state, which means that both assets and debts are split 50/50 when a couple gets a divorce. In the event that a spouse cosigned for a loan, he or she is responsible for that debt until it is repaid in full. If the spouse who took on the debt doesn’t repay it, the lender could come after the cosigner regardless of what a divorce decree says.

It may be a good idea to speak with a credit counselor or other professional familiar with the process or repaying student loan debt. Doing so could help a person find ways to manage the debt after ending a marriage. In some cases, an individual may be eligible for a lower interest rate or other relief if the divorce results in a reduced household income.

The end of a marriage may result in emotional and financial consequences for an individual. In some cases, a person’s emotional state may cause that individual to make decisions in a less than objective manner. Therefore, it may be best to hire an attorney who may represent an individual’s best interests in an objective manner. This might make it easier to come to a favorable resolution in a timely manner without the need to go to court to do so.

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