Latest Posts
Home > Ask The Get Out of Debt Experts > I Signed for My Ex-Husband’s Student Loans and They Want Me to Pay. – Maureen

I Signed for My Ex-Husband’s Student Loans and They Want Me to Pay. – Maureen

“Dear Steve,

My now ex husband went to college and accrued quite a bit of student debt. At this point, it is closing in on 130k. At some point, he consolidated the loans, and added me to the paperwork. I agreed, because he said that I had to. I did not know there were options.

When we divorced, he agreed, in the divorce agreement before the judge, to take the student debt in exchange for me not holding any interest in anything else. He got the house, car, etc.

Since that time (2008), he has not made a loan payment, or arrangements for deferment. I found this out because they have sent me notifications regarding this and I guess that I am also currently being held responsible for this. I have tried to get more information, but I lack the access to the information, according to the loan holders.

I am now getting remarried and have concerns about this.

I cannot repay it. I am a stay at home mom of a toddler who has some health issues. My fiancee is working, full time, but has his own student debts and our support. We live on a paycheck to paycheck basis.

I have a couple of questions.

First, what is the likelihood that this could be discharged in bankruptcy?

Second, will my fiancé’s income be considered?

Third, should we wait to get married until I get this settled, or will it matter?

Lastly, is there any other legal option for getting free of his debt?

Thanks for any help that you can give.

Maureen”

Don’t miss our free Get Out of Debt – “How To” Guide Series on a number of topics, for loads of practical advice, tips, and help to beat back debt. – Click Here

The Answer

Dear Maureen,

Wow.

So we’ve got a couple of big problems here. The first is when you signed the consolidation paperwork you agreed to be a joint debtor and obligated to repay the debt. The divorce agreement is unfortunately just an agreement between the two of you and does not change the relationship with you and the lender.

People always think the divorce separates them from joint creditors, it does not. You can divorce your spouse but not your creditors.

Before we get way ahead of ourselves here there are some very important questions to figure out first. If this is federal student loan debt then you may want to enter into an income based repayment program. More information on those options can be found here.

But if this was private student loan debt and no payment has been made since 2008 then the statute of limitations might have expired on that debt and then it could be easily discharged in bankruptcy.

The first step would be to look for a local bankruptcy attorney, click here and get some specific advice on the statute of limitations and if bankruptcy can be used to break this lingering bond. – Source

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

I Signed for My Ex Husbands Student Loans and They Want Me to Pay.   Maureen
Get Out of Debt Guy – Twitter, G+, Facebook

If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.

I Signed for My Ex-Husband's Student Loans and They Want Me to Pay. - Maureen by

Share This and Spread the Word

About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

Get My FREE Get Out of Debt Guy Newsletter

It is the smart thing to do.

I promise to keep your email safe and secure.

Close

I want to keep you posted each weekday with just one email about the latest get out of debt news, scam alerts and information to beat back debt.

You can unsubscribe at any time with just one click.

After you subscribe, check your email to confirm your subscription. If the confirmation email does not appear in your inbox in a few minutes, check your spam folder for it. Sometimes it likes to annoyingly hide there.


  • It will keep you posted on the latest scams.
  • You will be alerted to the latest articles.
  • You will wind up smarter than everyone else dealing with debt.