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Will A Prenup Prevent Me From Having To Pay Off My Spouse’s Student Loans?

Just like credit cards or medical bills, student loans can be considered marital debt. This means that if you and your spouse separate, you could be on the hook for paying off your ex-spouse’s student loans. However, there are ways to avoid this through a prenuptial agreement. In this video, Denver divorce attorney Kathlyn Laraway explains how couples can use prenups to avoid being saddled with their husband or wife’s debt, including student loans, if they get a divorce. Our Colorado divorce and family law attorneys can help you with a wide variety of marital issues, from prenups to mediation to divorce.

Video Transcript:

Absolutely, debt can be addressed. Probably the number one thing that we all think of a student loan debt right? Because if you’re an attorney you know a lot about student loan debt. Student loans are the same as any other marital asset right, they’re separate until you get married but then, say you’re only making minimum payments on your debt and your debt is increasing every single month because you’re not paying it down. That increase, becomes marital and the other spouse may say well wait a minute, they went and got their degree before I even met them, why would any of their student loans be on me. Well the best way to do that, is again, in a prenuptial agreement, say okay this is what my student loans are now and this is what I believe the interest rate is but more importantly any increase to that debt is going to remain my separate property. I don’t know why I would want that to happen, but for a person on the other side who doesn’t have any student loan debt it’s certainly something to consider when you’re going into a relationship with somebody who has, a significant amount of debt in their name.

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