Dividing debt in a divorce creates challenges similar to dividing assets. If you or your spouse have student loans, you may wonder whether both of you must repay the debt. Washington follows community property laws, which means the timing of the loan matters.
Community vs. separate debt
Washington law classifies debts incurred during the marriage as community debt. Both spouses share responsibility, regardless of who took out the loan. However, if one spouse took out the student loan before the marriage, that debt remains separate and solely their responsibility.
Factors affecting student loan division
Courts examine how the loan was used. If the loan covered only tuition and books, it remains separate. But if it helped pay for living expenses that benefited both spouses, a judge may classify it as community debt. Each spouse’s financial situation also influences the court’s decision on repayment responsibility.
Refinancing and consolidation
Refinancing a student loan during the marriage can complicate debt division. If both spouses’ names appear on a refinanced loan, the court may assign shared responsibility. A cosigned loan also affects how the court determines repayment duties.
How courts handle student loan debt
Judges determine debt division based on fairness. Even if a loan qualifies as community debt, a court may assign repayment to the spouse who benefits most from the education. If one spouse earns significantly more due to the degree, the court may require that person to take on a larger share of the debt.
Knowing whether student loans qualify as community debt helps you prepare for divorce proceedings. Courts consider multiple factors, leading to different outcomes. Understanding Washington’s community property rules allows you to anticipate how student loan debt may be divided.
