The process of getting divorced can be difficult to figure out for those with large amounts of debt. When it comes to student loan debt in particular, people who are going through divorce may wonder if they will have to cover the debt themselves or if their future exes will be responsible for it as well. Here is a look at how student loan debt is handled during divorce.
In Texas, any debt acquired prior to the marriage will be treated as separate property during the property division process. In other words, it will not be divided between the two parties. Therefore, if a spouse accumulates $50,000 in college loans before walking down the aisle, this debt will remain his or hers after the divorce.
If that $50,000 in debt was acquired during the marriage, things become a little more complicated. This is because the debt is now treated as marital debt, or community property in Texas. This means that both parties will have to split the $50,000 evenly. This is particularly true if the loans were used to pay for the couple's living expenses along with education materials and tuition.
The best way to tackle debt during the divorce process is to go through an alternative dispute process, such as mediation. Such a process allows both parties to come to an agreement on how they will divide their debt, without further court intrusion. An attorney in Texas can help those going through divorce to pursue the most personally beneficial outcomes possible when dealing with debt, making sure that their rights are protected from start to finish.