Divorce question regarding student loans

[npsteach]

Florida

A few years back my student loans were consolidated with my wife's student loans. How can this be resolved in a divorce?

 

[LdiJ]

Florida

A few years back my student loans were consolidated with my wife's student loans. How can this be resolved in a divorce?

That is a tough one....a REALLY tough one, and I am not sure that a judge could resolve it for you. A judge could certainly order each of you to pay half on the loan, but that puts both party's credit at risk for the bad behavior or possible inability of the other to pay...sometime down the road.
It would also stick one of the parties with the entire debt if something happened to the other party.

My recommendation would be to first see if the creditor would be amenable to letting each of you refinance your portion of the debt into your own name.
There is no guarantee that the creditor will allow that, but it could be possible.

Otherwise, if there is a way to structure the divorce settlement so that one of the parties assumes the entire debt, but also gets offsetting assets, that might be a solution....but again that puts the other party's credit at risk should the party assuming the debt default down the road.

All in all its a tricky situation without a solution that is guaranteed to be solid.