Allocating student loan debt – and imputing earnings that flow from the enhanced earning power of the degree in question – is a fairly technical process.
The court will review a number of factors in determining whether the student loans are separate or marital assets.
One of the most significant factors to be considered is whether and when your spouse graduated.
If the degree is new and you’ve derived no benefit from the debt, it’s likely the court will consider the student loan separate.
If the enhanced earning capacity has been beneficial to your marriage and standard of living for many years, then the court may consider the idea of the student loan debt being a marital asset more favorably.
Your best chance of ending up responsible for little or none of your spouse’s student loan debt is to work with experienced Queens divorce attorneys who understand the intricacies and how to argue effectively for the desired outcome.
Call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-523-1111 for a free consultation.
