Typically, under most circumstances, assets and debts acquired during the time that a couple is married are considered by the law to be marital assets. That applies to student loan debt just the same as any other debt, generally speaking. There are, however, special circumstances that may make one spouse’s student loan debt acquired during the marriage non-marital debt or debt that is otherwise required to be distributed unequally.
In order to win that, the spouse seeking the unequal distribution (or classification of the debt as non-marital) must show the court that special circumstances exist. So, whether you’re arguing for a 50-50 division of the student loan debt or for some other type of distribution, you need to have on your side a skilled South Florida divorce attorney with an in-depth knowledge of Florida law and what that law requires in this kind of dispute.
A.T. was a Gainesville-area man with student loan debt who was going through a divorce case with his wife, N.T. During the time that the couple was married, A.T. incurred more than $10,000 in student loan debt. When the time came for the trial court to rule on the equitable distribution of the couple’s assets and debts, the court declared that the student loan debt was the husband’s non-marital debt and that he was 100% responsible for paying that debt.