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Responsibility for student loan debt after marriage

Texas couples who are considering getting a divorce may already know that financial issues can be a major point of contention during the process. This also includes the allocation of a spouse's student loan debt. Having a clear understanding of what happens to student loan debt during a divorce can help both parties be better prepared if a court is making the decision.

Knowing whether the student loan debt is considered to separate property will help determine who is responsible for payments. A spouse who incurred the debt before getting married would be solely responsible for it. If the debt was acquired during the marriage, then the debt is consider marital or shared property and is subject to be allocated according to state law. The loan will be treated like any other marital obligation, including personal loans, mortgages and credit card debt.

In community property states such as Texas, marital debt is evenly divided between the parties. However, a judge will sometimes take a disparity of income into account, such as by awarding temporary support to the lower-earning one.

Debt and property division does not necessarily have to be decided by a court, however. In some cases, spouses that can communicate amicable with each other may be able to come up with an agreement on their own. In other cases, they may need the help and skills of their respective family law attorneys to reach an accord, when when signed can be submitted to the court and made a part of the divorce decree.

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

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