IfI paid for my wife’s student loans instead of my own and we are now getting divorced, can I get reimbursed for this money?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
IfI paid for my wife’s student loans instead of my own and we are now getting divorced, can I get reimbursed for this money?
I have $30,000 in student loans (I accumulated this before marriage) and have been married for 2 years (will divorce my wife soon). She went back to school while we were married (master’s) and finished. Her tuition was $20,000 which I paid in cash (I was working, she was not) instead of paying my debt off. Can I sue her for this money (preferably together with divorce papers) or transfer $20,000 of my debt to her name (federal student loans)? Is this possible? What is the best way to go about this?
Asked on December 3, 2011 under Family Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Discuss this matter with your family or divorce law attorney. You cannot sue her for the money or automatically transfer your debt to her name--or rather, you might be able to IF there had been a pre-existing agreement with her that would allow this. But without such an agreement, there are no grounds for the suit or the transfer--you voluntarily chose to pay her schooling.
That said, it may that you can get your contributions to her education taken into account during the divorce, to adjust either the distribution of assets and/or the support (if any) you would pay her (or the support you may receive from her, if appropriate). That is why you need to discuss the situation in detail with experienced counsel.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.