Will I Be Responsible for My Spouse's Student Loans After Our Divorce?

 Posted on October 30, 2026 in Property Division

Student loan debt is treated like other debts in an Illinois divorce. Whether you'll share responsibility for your spouse's loans usually depends on when they were taken out, with what money, and whose name is on the loan.

In many cases, loans a spouse took out for their own education stay with that spouse. That isn't always true, though, especially for loans taken out during the marriage. A Schaumburg, IL property division lawyer can help you understand how student debt may be handled in your 2026 divorce.

Are Student Loans From Before a Marriage Divided Between Spouses in an Illinois Divorce?

Loans your spouse took out before you married are usually their debt to handle. Illinois law specifically includes debts and other obligations when defining marital property. Marital property, or property that belongs to both spouses, is whatever is acquired during the marriage (750 ILCS 5/503(a)).

Debt from before the wedding does not qualify as marital. This means your spouse will likely keep responsibility for their pre-marriage loans. If you helped make payments during the marriage, marital money used to pay down one spouse's non-marital debt may be considered for a reimbursement claim when the court divides the rest of the property.

Are Student Loans Taken Out During the Marriage Marital Debt in Illinois?

Loans taken out during the marriage are technically presumed to be marital debt. However, this doesn't mean that both spouses will automatically be responsible for paying equal shares of the loans.

When dividing debt between spouses, the court looks at a list of factors outlined in 750 ILCS 5/503(d). For student loans, the ones that often matter include:

• The value of the other property each spouse is receiving
• Each spouse's income and ability to earn in the future
• How long the marriage lasted
• Each spouse's contributions to the marriage (including as a homemaker)

The spouse who earned the degree also often has increased earning power. For this reason, courts often assign the loans to the spouse who received the education.

Division may be different if the loans paid for family expenses. Some graduate students use loan money to cover rent, groceries, or child care. A court may see that part of the debt as something both spouses benefited from during the marriage.

Can a Lender Come After You for Your Spouse's Student Loans After an Illinois Divorce?

A divorce judgment decides which spouse has to pay a debt. If you cosigned your spouse's loan, it doesn't automatically change that original contract with the lender.

When you have cosigned a loan, the lender can still ask you to make payments if your ex stops, even if the loan has been assigned to your ex-spouse in divorce court. To remedy this, you would need to go back to family court and ask the judge to enforce the judgment against your ex.

Federal student loans are usually in only one person's name, so your spouse's federal loans likely don't become your responsibility.

How Can You Protect Yourself From Your Spouse's Student Loans in a Divorce?

Start by finding out exactly what loans exist. Pull your credit report to see whether your name is on any of your spouse's loans. Ask for loan statements showing when each loan was taken out and what it was used for.

If you cosigned a loan that your spouse will keep, your settlement can require them to refinance it into their name alone. A settlement can also include an indemnification clause. This requires your ex to repay you if a lender collects from you on a debt assigned to them. If your spouse fails to make necessary payments, go back to the court where you filed for divorce to request enforcement.

Call a Wheaton, IL Asset Division Lawyer Today

Student loans are often some of the most substantial debts a person has. Our Schaumburg, IL divorce attorneys can review your loans and help you push for a fair division of your debts.

Roberts PC works hard to settle cases out of court and keep costs down, but we're prepared to go to trial when an agreement isn't possible. We regularly handle larger cases for business owners, professionals, doctors, lawyers, and judges. Every client also gets Attorney Chuck Roberts' personal cell phone number and email address.

Call Roberts PC at 630-668-4211 to schedule your free consultation.