If you are a co-signer on your spouse's student loan, you will not be able to end your repayment obligation just because your marriage ends. Even if your divorce decree stipulates that your spouse is responsible for paying off her loan, her lender is not bound by this agreement and can pursue you for payment. You can minimize your risk by including language in your divorce decree that gives you recourse against your former spouse if she doesn't make her loan payments.
Instructions
1. Speak to your lawyer about the student loan debt. As part of the divorce process, both you and your spouse should turn over information about your finances, including your debts, to your respective attorneys. Your attorney should help you work out a fair settlement that allocates responsibility for your spouse's student loan repayment.
2. Ask your lawyer to include language in your property settlement that allows you to take your spouse back to court if he fails to make his student loan payments as agreed. If your credit is damaged or your wages are garnished by the student loan lender, you can take legal action against your former spouse and receive compensation for your losses. Your lawyer should also include a "hold harmless" clause that prevents your ex-spouse from attempting to make you responsible for the debt at a later date.
3. Monitor your credit report. If your former spouse falls behind on her payments, her lender may put this information on your credit report. Let you lawyer know if you find out that your spouse is not making payments on the debt so that you can go back to court and ask the judge to enforce your property settlement.
Tags: your spouse, student loan, former spouse, your credit, your former, your former spouse