What Happens To Student Loans During A New York Divorce?

Contact Us Today!
woman crying about student loans

Many divorcing couples find the financial side of the divorce process to be quite complicated, especially when it comes to dividing marital assets between spouses. Many spouses often wonder what happens to their debts during the divorce process. If you’re considering divorce or just beginning your divorce proceedings, you might specifically be worried about your or your spouse’s student loan debt. Read this blog to learn about what happens to student loans during a New York divorce, and find out how a Divorce & Separation Attorney in Bohemia, NY can provide high-quality legal counseling today.


This depends on numerous factors. If the student loan debt was acquired before the couple was married, then it’s considered separate debt. This means that the spouse that accrued the debt will be responsible for paying it off. However, in New York marriages, the debt that either spouse acquires during the length of the marriage is considered marital debt. Therefore, student loan debt accrued during the marriage will be both spouses’ responsibility in the event of a divorce.


New York is an equitable distribution state, so shared property and debts are split reasonably between spouses but not necessarily 50/50. A judge decides how debts will be split between the couple by considering a long list of factors, including the length of the marriage and each spouse’s annual income. However, spouses also have the option of making financial decisions themselves with the help of a divorce lawyer or mediator. Some couples prefer this because a law professional guides them through the legal proceedings but allows them to have the final say on settlement agreements.


Co-signing student loans means that you’re legally obligated to pay back the debt if your spouse becomes unable to. This means that if you co-signed your spouse’s student loan debt, you’ll still be responsible for the debt even after the divorce settlement is finalized. There are a few ways to detach yourself from your spouse’s student loan debt in this situation, including refinancing the loans in your own name or finding a lender that allows co-signers.

Are you considering filing for divorce in New York? Are you seeking a compassionate divorce attorney who has your best interests in mind? Look no further because the Law Offices of Susan A. Kassel, PC are here to fight for you! Contact our highly effective team today for an initial consultation.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

Recent Blogs


Contact Us Today!