Student loan debt has become a central issue in many divorces, especially when one or both spouses pursued advanced degrees or took out large loans before or during the marriage. For divorcing couples in DuPage County, the question of who pays for student loans after divorce is not always straightforward. It depends on a range of factors, including when the loans were taken out, how they were used, and how property is divided during the divorce process.
Whether you are the spouse who earned the degree or the one who supported your partner’s education, it is important to understand how Illinois divorce courts treat student loan debt. An experienced Wheaton, IL divorce attorney can help you develop a clear financial strategy as you prepare for settlement negotiations or litigation.
Are Student Loans Considered Marital Debt in Illinois?
Under the Illinois Marriage and Dissolution of Marriage Act, property and debts are classified as either marital or non-marital. Only marital property and marital debt are divided during divorce. Non-marital assets and debts typically remain with the spouse who owns them.