Will I Be Stuck Paying My Spouse’s Student Loans if We Divorce?

 Posted on June 20, 2025 in Property Division

There are currently 42.7 million borrowers with federal loan debt, with an outstanding federal loan balance of $1.693 trillion. Only about 7.79 percent of all student loan debt is private, while 92.2 percent is federal. The average federal student loan balance is $38,375, and approximately 5 percent of all federal student loans were in default as of the end of 2024.

As you might imagine, student loan debt can become a major issue during a divorce. As assets and debts are being divided up, being awarded significant levels of student loan debt can be devastating. For this reason, many spouses going through a divorce are worried that their spouse’s student loan debt could become their own.

The state of Illinois operates under equitable distribution laws rather than community property laws regarding the division of marital assets and debts. Under community property laws, assets and debts are divided 50/50, regardless of which spouse earned the majority of the money or which spouse is responsible for marital debts, although student loan debt can be an exception under some circumstances.

Under equitable distribution, the division of marital assets and debts is intended to be fair rather than equal. The circumstances and timing involved in student loan debt will ultimately determine whether both spouses are responsible for the debt. If you are worried you will be saddled with your spouse’s student loan debt, speak to a knowledgeable Yorkville, IL family law attorney.

Most Marital Debts Will Be Divided Fairly Between the Spouses

In a divorce, spouses can divide the debts, with each party taking responsibility for their own debts.  This is a good solution when both parties trust one another to pay off those debts, since not doing so risks the credit scores of both spouses. Alternatively, if they are unable to agree on the division of debt, the judge will make these decisions.

Spouses could also divide the marital debt equally, but the end result is the same; if one spouse does not pay his or her share of the debt, creditors could continue to go after both spouses even after they are no longer married. In some cases, the couple may agree to sell a marital asset and pay off the marital debts, ensuring that neither spouse is responsible for the debt after the divorce is finalized.

If a judge decides how marital debt will be split, a long-term marriage is more likely to have the debt split equally between the spouses unless the debt is clearly from before the marriage and is not tied to marital assets and debts. If one spouse is keeping the house and there is still a mortgage attached, the spouse who keeps the house will likely be responsible for the mortgage in exchange for the other spouse receiving assets of equal value and assuming debts of approximately the same amount as the mortgage.

What About Student Loans?

Student loans are often a "trickier" type of debt. If one spouse’s student loans were taken out prior to the marriage, in most cases, the debt remains the responsibility of the spouse who took out the debt. This is true unless the student loan provided the couple with significant monetary assets during the marriage. If one spouse took out a student loan to go to medical school prior to the marriage, but that education afforded the couple significant monetary benefits through the years, then the judge might decide that both spouses are equally responsible for the remaining debt because both spouses benefited from the education.

If the student loan debt was incurred during the marriage, the judge will consider several issues related to that student debt that are similar to those considered if the debt was incurred prior to the marriage. Again, if both partners benefited from the student loans and the education obtained from those loans, the spouse who is not on the loan may still be responsible for part of the repayment.

If marital funds were used during the marriage to make payments on one spouse’s student loan, then the court could potentially even order that the spouse without the loan get repaid for half of the marital funds used to pay down the debt. Every situation is different, which means the debt split will reflect those differences.  

If the court decides to split student loan debt, that split may not be 50/50, even if the court determines that both spouses are responsible. If one spouse earns considerably less income, the court may split the student loan debt 70/30 or 80/20. If both spouses took out student loans, either prior to the marriage or during the marriage, the judge is likely to order both spouses to pay their own student loan debt.

A Prenuptial or Postnuptial Agreement Can Make a Difference in How Student Loans Are Distributed

If you are worried about your spouse’s student loan debt, either taken out before the marriage or during, you can address the issue through a prenuptial or postnuptial agreement. For student loan debt taken out before the marriage, a prenuptial agreement can clearly state that the debt belongs solely to the spouse who takes out the loan, regardless of whether it benefits the other spouse during the marriage.

If a spouse takes out a student loan during the marriage, a postnuptial agreement can do the same thing as a prenuptial agreement. The spouses can both agree that the student loan debt belongs exclusively to the spouse who takes out the loan, regardless of whether the education benefits both spouses.  

Contact a Will County, IL Division of Marital Assets Attorney

If you are going through a divorce, you need a strong legal advocate who will protect your future while fighting for your rights. An Oswego, IL division of marital assets lawyer from The Law Office of Matthew M. Williams, P.C. will be that advocate. Attorney Williams focuses on mediation and collaborative divorce when appropriate to reduce costs and make the process more amicable. He will give your case the level of commitment it deserves while examining every possible approach to solve the issue in a way that works for all those involved.  Call 630-409-8184 to schedule your initial attorney meeting.