When you get married, do you inherit your spouse's student loans?
Asked by: Axel Friesen | Last update: July 10, 2025Score: 4.4/5 (61 votes)
Taking on Student Debt After Marriage Neither you nor your spouse is liable for any student loan debt the other accrued before you got married unless you happened to co-sign for it; however, if one of you takes out a new loan after being married, both spouses could be.
Do you inherit your spouse's student loan debt if you get married?
Marriage and student loans
You are not responsible for any student loan debt your spouse brings into the marriage -- unless you were a co-signer for it. So far, so good. But once you're married, if you co-sign a private loan for graduate school or a refinancing loan, you'll both be on the hook for it.
What happens if you marry someone with student debt?
Any student loans you took out before marriage won't become jointly owned when you say “I do.” But when you're building your life with someone, their debt has an impact on your future plans.
Is spouse responsible for deceased spouse student loans?
If a borrower dies, their federal student loans are discharged after the required proof of death is submitted. The borrower's family is not responsible for repaying the loans. A parent PLUS loan is discharged if the parent dies or if the student on whose behalf a parent obtained the loan dies.
Do you inherit your spouse's debt when you get married?
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.
Will I be Responsible for my Spouse's Student Loan Debt after we Divorce?
Do I take on my husbands debt when I get married?
Any debt you have before marriage remains separate, unless you add your partner as a cosigner. And debts incurred after you're married that you hold jointly can affect both spouses' credit scores. Common examples of these are mortgages and auto loans.
Am I responsible for my spouse's student debt?
California Family Code Section 2641 states, "A loan incurred during marriage for the education or training of a party shall not be included among the liabilities of the community for the purpose of division pursuant to this division but shall be assigned for payment by the party." In other words, the spouse who ...
Are student loans forgiven after 20 years?
Yes, federal student loans may be forgiven after 20 years under certain circumstances. But only certain types of loans are eligible for forgiveness, and you must be enrolled in a qualifying repayment plan. You'll also need to stay out of default on your loans.
Can the government take my inheritance for student loans?
If that happens and the court enters judgment against you, then any funds in your bank account — including your inheritance — could be levied or taken to repay the debt. Thankfully, there are options to prevent that from happening. For instance, you can: enroll in an income-driven repayment plan (federal student loans)
What happens to my husband's loans if he dies?
When someone dies, their debts are generally paid out of the money or property left in the estate. If the estate can't pay it and there's no one who shared responsibility for the debt, it may go unpaid. Generally, when a person dies, their money and property will go towards repaying their debt.
Do student loans become marital property?
In community property states like Arizona, California and Texas, marital debt is treated as jointly owned, with the starting point being an equal division upon divorce. This includes student loans taken out during the marriage, regardless of which spouse pursued the education.
What is the average student loan debt?
The average federal student loan debt balance is $38,375, while the total average balance (including private loan debt) may be as high as $41,520. 4.86% of federal student loans dollars were in default as of 2024's fourth financial quarter (2024 Q4); 1.61% of private student loans were in default as of 2024 Q1.
Do I have to pay my ex wife's student loans?
In general, the rule is that the spouse who took out the loans should have to pay back the money used from marital funds to pay down the loans or pay for education outright. The reimbursed money will be split 50/50 between each spouse.
How does getting married affect student loan debt?
Generally, whenever we use joint income to calculate your payment amount, we consider your spouse's federal student loan debt and prorate your payment based on your share of the combined federal student loan debt.
How do I protect myself from my husband's debt?
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
How does your spouse's debt affect you?
In almost every case, you will not be held responsible for debt your spouse has incurred before your marriage. The only exception to this rule is if you become a joint account holder after marriage. If you take this step, you will accept ownership of the debt and be held accountable for its repayment.
Do I inherit my wife's student loans?
If you live in one of these states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin — a student loan is considered community property and, unfortunately, will be charged against the surviving spouse if it was taken out after marriage and before divorce.
Does FAFSA consider inheritance?
In most cases, an inheritance will potentially reduce your college financial aid eligibility and award, especially if you have inherited assets whose value must be reported on the FAFSA or if you must make required withdrawals from your assets that need to be reported on the FAFSA as income.
Can student loans be collected after death?
If you die, then your federal student loans will be discharged after the required proof of death is submitted.
At what age do student loans get written off?
After at least 20 years of student loan payments under an income-driven repayment plan — IDR forgiveness and 20-year student loan forgiveness. After 25 years if you borrowed loans for graduate school — 25-year federal loan forgiveness.
How to get 100% student loan forgiveness?
If you work full time for a government or nonprofit organization, you may qualify for forgiveness of the entire remaining balance of your Direct Loans after you've made 120 qualifying payments—i.e., at least 10 years of payments. To benefit from PSLF, you need to repay your federal student loans under an IDR plan.
Can they garnish my husbands wages for my student loans?
In conclusion, your spouse's wages can't be garnished for your student loan debt. The only exception is if they cosigned your private loan application. Even then, the lender would need to sue them and get a court judgment first before they can garnish their wages.
What happens to loans when you get married?
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
Do student loans affect credit scores?
Key Takeaways:
Your loans' payment history, length of credit, and hard inquiries of private student loans can all have an impact on your credit score. Keep track of all payments and due dates and consistently monitor your credit reports to help you manage your student loans.