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What is the name of your state (only U.S. law)? Pa


Ok, we had a seperation agreement that spelled out debt to each of us. We agreed to take on and part that debt. Should we divorce.

However, it is final divorce here.

In the seperation agreement that state it would become part of the divorce degree. It does not mention a parent/student loan. Nor Federal income taxes.

Additionally, during seperation, we filed seperate returns.

He got back money from the IRS, and I owed.

Now my question? Does he owe 50% of the parent/student loan? And does he owe 50 % of the taxes that I owe to the IRS ? Because although seperated we were married?

The seperation aggrement is incorporated , in the event of divorce. However, the seperation agreement does not mention, the parent loan nor taxes that are owed to the IRS.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Pa


Ok, we had a seperation agreement that spelled out debt to each of us. We agreed to take on and part that debt. Should we divorce.

However, it is final divorce here.

In the seperation agreement that state it would become part of the divorce degree. It does not mention a parent/student loan. Nor Federal income taxes.

Additionally, during seperation, we filed seperate returns.

He got back money from the IRS, and I owed.

Now my question? Does he owe 50% of the parent/student loan? And does he owe 50 % of the taxes that I owe to the IRS ? Because although seperated we were married?

The seperation aggrement is incorporated , in the event of divorce. However, the seperation agreement does not mention, the parent loan nor taxes that are owed to the IRS.
Anything not addressed in the separation agreement or the final divorce decree is going to belong to the person whose name is on the debt. If the divorce is not yet final, you can address the parent/student loan, however I cannot imagine that a judge would hold him responsible for your tax bill.
 
Wait, the seperation agreement was only for the bills, ie: each others credit card, car payments. There was never a mention in the seperation agreement about parent/student loans or the IRS.

Those were never address.

It stated that if there were additional bills that were not addressed, in the speration agreement. In the event od divorce, it needed to go into the final degree. (as it was not in seperation agreement)

I understand that what was in the seperation agreement stands.

What I am saying is. There was never a mention in the seperation agreement about the student loan or IRS.

So, now that we decided to divorce, is both parties responsiable for the student loan? And the taxes that each owe?
 

LdiJ

Senior Member
Wait, the seperation agreement was only for the bills, ie: each others credit card, car payments. There was never a mention in the seperation agreement about parent/student loans or the IRS.

Those were never address.

It stated that if there were additional bills that were not addressed, in the speration agreement. In the event od divorce, it needed to go into the final degree. (as it was not in seperation agreement)

I understand that what was in the seperation agreement stands.

What I am saying is. There was never a mention in the seperation agreement about the student loan or IRS.

So, now that we decided to divorce, is both parties responsiable for the student loan? And the taxes that each owe?
Again...you can address the student loan now and get it incorporated into the divorce decree.

However, I believe that the taxes are YOUR responsibility.
 

mistoffolees

Senior Member
Wait, the seperation agreement was only for the bills, ie: each others credit card, car payments. There was never a mention in the seperation agreement about parent/student loans or the IRS.

Those were never address.

It stated that if there were additional bills that were not addressed, in the speration agreement. In the event od divorce, it needed to go into the final degree. (as it was not in seperation agreement)

I understand that what was in the seperation agreement stands.

What I am saying is. There was never a mention in the seperation agreement about the student loan or IRS.

So, now that we decided to divorce, is both parties responsiable for the student loan? And the taxes that each owe?
You'll be responsible for whatever the court says you're responsible. You need to ask the judge to assign the debt.

In general, you're each going to be responsible for your own student loan debt since the person who got the education will be the one benefiting from it.

Tax debt is probably going to be split, although there are certainly cases where it would be assigned to one person (for example, if you had separate - nonmarital - property which produced an income, the taxes from that should go to that person).

The fact that you filed separately might make him want to argue that it's separate, but that's not usually the case. The income is marital income and the taxes are therefore due on marital income. The fact that you filed separately doesn't automatically make it separate income. If the money all went into one pool (joint accounts, etc), then it's clearly a marital debt.
 
Ok

The student loan was a parent/student loan for our son. I have been paying the loan, however, when we applied for it we applied jointly.

The only reason I filed my taxes seperate is that he refused to file with me. I had no choice.

I wounded up owing money that year and he got back money.

However, we were in fact seperate in that tax years.

He paid his housing expenses, I paid mine. But, would he still owe half of what I have to pay to the IRS, because we were still legally married?

The parent/student loan was given to us based on two incomes. I have been paying it.

However, now there is an actually divorce, an it was not in the seperation agreement do I have to pay it all? Or will that be split?
 

mistoffolees

Senior Member
The student loan was a parent/student loan for our son. I have been paying the loan, however, when we applied for it we applied jointly.

The only reason I filed my taxes seperate is that he refused to file with me. I had no choice.

I wounded up owing money that year and he got back money.

However, we were in fact seperate in that tax years.

He paid his housing expenses, I paid mine. But, would he still owe half of what I have to pay to the IRS, because we were still legally married?

The parent/student loan was given to us based on two incomes. I have been paying it.

However, now there is an actually divorce, an it was not in the seperation agreement do I have to pay it all? Or will that be split?
You need to get those things ironed out in the divorce decree (your posts are unclear - it sounds like the decree is not yet final, but if it's final, you may need to ask for clarification).

Given your circumstances, the student loan should be split. As I said, one could make an argument on taxes, but I would argue that both the taxes and the refund should be split.

If you don't do anything, you're both liable for the student loan. However, in practice, that means that when one person refuses to pay, the other person will end up paying it - and then having to try to collect.

If you don't get a court order, the taxes will be assessed separately - he will keep the refund and you will pay the taxes due.

So you're going to need to ask for those items to be divided in the court decree.
 

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