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Can a person be responsible for their spouses student loans?

Writer Emma Jordan

Marrying someone with student loan debt won’t make you liable for their loans. No. Student debt that you bring into a marriage remains your debt. Let’s say you have $30,000 in federal student loans and $40,000 in private student loans when you get married. Your spouse might help pay down your debt, but you’re the only one legally responsible.

Can you marry someone with student loan debt?

Marrying someone with student loan debt won’t make you liable for their loans. No. Student debt that you bring into a marriage remains your debt. Let’s say you have $30,000 in federal student loans and $40,000 in private student loans when you get married.

What happens to your student loans if you divorce?

If you do repay them, it will help your credit, rather than your spouse’s. If you divorce, your spouse has no bearing on the loans or the debt. Your spouse cannot be held accountable for any of your debt before marriage.

Can a student loan affect your spouse’s credit?

So if you have student loans, you don’t have to worry about them having a negative impact on your spouse’s credit history. These student loans won’t be listed on your spouse’s credit report. The exception to this is if you and your spouse have any shared loans or accounts, including co-signed student loans.

Can a spouse discharge a private student loan?

For private student loans, a spouse can ask for a review to see if a discharge is possible. Even if the spouse doesn’t have to pay off the debt, repercussions may still exist. She might have to pay taxes on the cancelled amount of the debt, for example. This is referred to as cancellation of debt income.

What happens to my student loan if my spouse dies?

If you cosigned on a private loan with your spouse and they died, you may have to continue making loan payments. While it’s not common, some private loan lenders — such as Sallie Mae — will wipe out the debt if a student loan borrower dies.

Can a spouse cosign on a federal student loan?

No. Federal student loans don’t require cosigners. (A spouse can cosign on a partner’s income-driven repayment application, but you’re not obligated to repay the loan.)