303 W. Main Street, West Dundee, IL 60118
 | 847-428-7725
Call for an Initial Consultation
Evening and Weekend Hours by Appointment
100 Illinois Street, Suite 200, St. Charles, IL 60174
 | 630-200-4882
By Appointment Only
Evening and Weekend Hours by Appointment
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
Facebook Twitter LinkedIn
Serving Kane, McHenry, DuPage and Cook Counties

What Happens to Student Loan Debt During an Illinois Divorce?

Posted on in Divorce

Kane County divorce attorney division of marital debt

There is no doubt that student loan debt is on the rise in the United States, and something that is burdening the nation. According to America’s Debt Help Organization, the total of U.S. student debt loans is up to a shocking $1.4 trillion. The investment in college is a big decision, and this high price tag often comes with great rewards. Obtaining higher education is important to many, and can offer new career opportunities that can propel the future of families in a positive direction. However, this debt is increasingly becoming an issue of concern for couples who are considering getting a divorce. It is important to consider how the division of assets and debt during your Illinois divorce proceedings can impact you. 

Who Is Responsible for Student Loan Debt in a Divorce?

Typically, the debt that was acquired from student loans before the marriage is of the responsibility of the spouse who attended higher-ed schooling. However, if the student loan debt was obtained during the marriage, then it is likely that will be considered marital debt. Many factors are still taken into consideration, such as when the debt occurred in the marriage, who was the main benefactor, and the earning power of each partner. For example, if a partner acquired a medical degree to bring in a higher income for the family, it may be deemed marital debt since the increased income benefited the marriage as a whole entity. 

Equitable Distribution Explained

How is the student debt divided, then? It is important to note that Illinois is an equitable distribution state, meaning that liabilities and assets are divided in a way that is “fair” to both parties involved. Although the word “divided” may elicit connotations of splitting the sum in half, this is not always the case. In terms of student loan debt, it may mean that each spouse is responsible for a different percentage of the loan, such as 70/30 or 60/40. If a couple cannot agree to how it will be divided, a judge may intervene and make determinations based on several factors. That is why it is essential to hire an experienced divorce attorney who can help protect your rights and responsibilities. 

Contact a Kane County Divorce Lawyer

When deciding to file a divorce, large sums of student debt may be one of your main concerns. At the Law Offices of Benedict Schwarz, II P.C., our qualified lawyers will help protect your financial well-being. With more than 40 years of experience in the industry, we will use our extensive knowledge to help you through the divorce process. If you are thinking about getting a divorce, contact one of our dedicated St. Charles asset division attorneys today at 630-200-4882 to schedule your initial consultation.






  • Illinois Best Law Firms
  • Super lawyers
  • Attorney Registration and Disciplinary Comission
  • Lawyers Association Program
  • Illinois State Bar Association
  • Kane County Bar Association
  • DuPage Bar Association
  • Martin Dale
  • aacfl
Back to Top