Divorce and student debt: Who’s responsible for paying it off?

By Sasha Bulatskaya | Published on October 21, 2025

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Going through a divorce can be emotionally and financially challenging, and if you're also managing student loan debt, it can add another layer of complexity to an already difficult situation. The good news is that there are ways to navigate this process, including understanding how student loans are handled in a divorce.

Let's delve into this and explore what you need to know when managing student loans during a divorce.

Do student loans get split in a divorce?

One of the common questions that can come up during divorce proceedings is whether student loans are considered separate property. The answer to this largely depends on several factors, including the laws of the state where you live, the type of student loans you or your former partner has, and the specifics of your individual situation.

How student loans and other debt get divided depends on these factors:

Community property state vs. equitable distribution state

In a community property state, such as California, assets and debts acquired during the marriage are considered joint property. Community property states divide assets and debts down the middle if they were acquired during the marriage. This means you could be held responsible for your ex’s debt even if they’re not in your name because this is considered marital debt.

In contrast, states following equitable distribution laws aim for a fair, but not necessarily equal, division of assets and debts collected during the marriage, including student loans. For example, if you live in an equitable distribution state, and your ex got a degree that allowed both of you to get a nicer house, you could be held liable for their student loans (because you benefited too).

Having a prenuptial agreement could help protect your finances

If the divorcing couple has a prenuptial agreement that outlines how they will divide up marital property and debts, including student loans, the terms of the agreement can help dictate how the debt is divided.

However, not all courts honor prenuptial agreements the same way, and prenups can be disputed. You should always consult with a divorce lawyer for the latest information about prenups in your state.

Before you break up, explore ways to manage your collective student debt

A divorce could change your credit score

Regardless of the legal division of the student loan debt, it's crucial for both parties to consider the impact on their credit scores. If your spouse has student debt and you’re held liable for it, your credit score could be impacted.

If you can, talk to your spouse about the split. Let them know you want to protect both of your credit scores and find out if the person holding the debt can explore options for relief.

Signing up for an income-driven repayment plan could help

During divorce proceedings, balancing student loan payments with living expenses can be particularly challenging. Consider exploring income-driven repayment plans for federal student loans. These plans adjust your monthly payment based on your income, making it more manageable during this transition.

You may need to consolidate your federal student debt into one consolidation loan to qualify for income-driven repayment. One downside of income-driven repayment plans is they may not be right for everyone. For example, if you’re a high earner your monthly payment could be higher than on the standard 10-year repayment plan.

*As a result of ongoing court actions, the terms of some Income-Driven Repayment (IDR) plans, including the SAVE plan, may be subject to change. Please refer to_studentaid.gov_for the current status of these plans.

Refinance your student loans for a lower interest rate

Refinancing your student loans¹ with a private lender is another option that could help both you and your former spouse. When you refinance a loan, you’ll be taking out a new loan to pay for your old loans. The benefit of doing this is getting a lower interest rate, lower student loan payments, and/or the opportunity to pay off your loans faster².

The Fed recently lowered interest rates, making refinancing an attractive option for borrowers. Remember, the lower your interest rate, the faster you could pay off your loans.

At Earnest, you can check your rate in 2 minutes without any impact on your credit score. You can also use our student loan refinancing calculator to see how much you could save over the life of the loan.

When you talk, try to make your former spouse see that this will benefit you both, since many couples who split up share liability for debt.

If you’re a cosigner on your spouse's loans, refinancing could be your way out

If one spouse cosigned a private student loan for the other, the cosigner would generally remain responsible for the student loan if the primary borrower fails to make payments.

It’s not uncommon for married couples to be cosigners on each other's higher education loans. This is not a problem if you stay married and up-to-date with loan repayments, but it can be tricky if you divorce.

Find out if the student loans have a cosigner release clause. If cosigner release is not an option, refinancing may be the next best thing. It allows you to remove the cosigner, leaving only the primary borrower responsible for repayment. It's important to note that state laws vary, and it's good practice to consult with a family law attorney in your state.

You can get through this

Divorce is not easy, and seeking the insight of a divorce attorney and even a financial advisor can provide guidance and help you both create an agreement that will make both of your lives easier. Student debt is stressful enough and if you prepare for your separation now, it could soften the financial impact.

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About the Author

Sasha Bulatskaya

Sasha is the Senior Manager of Brand and Content at Earnest. She has been writing for ten years and has been focused on educational finance and financial aid for over three. Her passion for mission-driven companies brought her to Earnest in 2020, and she's been helping make student finance more accessible ever since. She strives to demystify personal finance and student loans to help borrowers make the best decisions for their financial situation.

Disclaimer

This blog post provides personal finance educational information, and it is not intended to provide legal, financial, or tax advice.

1Please note that you may lose benefits associated with your underlying federal loans, such as federal Income-driven Repayment Plans (an example of which is the SAVE plan), Economic Hardship Deferment, Public Service Loan Forgiveness, or other deferment and forbearance options, if you refinance into a private loan. If you file for bankruptcy, you may still be required to pay back this loan.

2Choosing to refinance to a longer term may lower your monthly payment, but increase the amount of interest you may pay. Choosing to refinance to a shorter term may increase your monthly payment, but lower the amount of interest you may pay. Review your loan documentation for the total cost of your refinanced loan.