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Will I Be Stuck With My Spouse’s Student Loan Debt If We Divorce In Brooklyn?

You probably won’t be stuck with all of your spouse’s student loan debt, but to be sure that debts are properly allocated to the party responsible for ringing them up, it’s important to work with experienced divorce attorneys.

In general, if your spouse went back to school during the marriage, graduated, and has been earning money at a higher level while your family has paid down the debt over a period of years, the court may determine that the student loans are a marital asset that you have materially benefited from, even if you earn more money.

If the marriage is of a shorter duration and you’ve accrued little or no benefit from the expense of the loans, there is a strong case to be made that the student loans are a separate asset that shouldn’t fall on you at all, regardless of your earning power.

Call the attorneys at Zelenitz, Shapiro & D’Agostino at 718-725-9601 for a free consultation with an experienced Brooklyn divorce lawyer today.

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