Debts and property are only subject to division during a Georgia divorce if they qualify as marital property, or property that was obtained by either party during the marriage. Marital property is subject to equitable division in a divorce. However, separate property, or property obtained by either party prior to the marriage, is not subject to equitable division in a divorce proceeding.
As a result, a spouse who incurs student loan debt prior to the marriage is likely to be stuck with that debt following a divorce. However, if a spouse incurs student loan debt during the marriage, and particularly if the debt is titled jointly in both spouses’ names, it may be marital property that could be divided between the spouses in some manner if they divorce. This issue is further complicated if one spouse comes into the marriage with student loan debt, and then continues to accrue student loan debt throughout the marriage. In this case, part of the debt might be the separate party of the spouse who incurred the debt, and part of the debt might be marital property, for which both spouses could have some responsibility.
If you have questions about whether you are responsible for certain debts in a divorce, the Shaw Law Firm, LLC, can help. We will evaluate your situation and advise you of our recommendations as to how to proceed in your divorce case. Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.