Koblin Family Law Center
Koblin Family Law Center
  • Home
  • About Us
    • Koblin, Kennedy
    • Your First Consultation
  • Practice Areas
    • Divorce
    • Family Law
    • High – Asset Divorce
    • Modifications
  • Testimonials
  • Blog
  • Contact

 925-298-2961

Koblin Family Law Center
Call: 925-298-2961
  • Home
  • About Us
    • Koblin, Kennedy
    • Your First Consultation
  • Practice Areas
    • Divorce
    • Family Law
    • High – Asset Divorce
    • Modifications
  • Testimonials
  • Blog
  • Contact

Boutique Family Law Representation & Stellar Client Service

  1. Home
  2.  » 
  3. Firm News
  4.  » 
  5. Handling Student Loans In a Divorce Proceeding

Handling Student Loans In a Divorce Proceeding

On Behalf of The Koblin Family Law Center | Jun 26, 2014 | Firm News

Everyone knows that the price of a college education has skyrocketed in the past few years. In fact, the cost of an undergraduate or a professional degree can be even greater than the mortgage on a house. When couples get married, often times they carry that student loan debt with them. But— what happens when the marriage is severed? This has become a major issue in divorce cases in California.

During a dissolution, it is important to know your rights and your obligations with regard to student loan debts. Under Family Code 2641(b), when student loans have been paid from community assets, the community may be entitled to reimbursement for those payments. The court will look at a number of factors to determine whether reimbursement is warranted. For instance, the court will consider whether the student loan actually helped to increase the earning capacity of the debtor spouse or, alternatively, whether the community benefited from the spouse’s degree.

If there is still a balance owed on the student loan at the time of dissolution, the balance is not divided between the parties, but is ordinarily assigned to the spouse who incurred the debt.

In the event of a divorce, it is very important to speak to a knowledgeable attorney regarding student loans.

Categories

  • Child Custody (19)
  • Child Support (8)
  • Community Property Division (12)
  • Divorce (66)
  • Domestic Violence (8)
  • Family Law (15)
  • Firm News (13)

Archives

Recent Posts

  • 3 financial issues that can complicate high-asset divorces
  • Can one parent prevent the other from seeing their children?
  • Addressing a family – owned business in a California divorce
  • How commingling can impact property division in a divorce
  • How parental alienation can affect a California custody order

We Can Resolve Your Legal Issue Arrange Your Consultation Today

Koblin Family Law Center
Koblin Family Law Center

Office Locations

Pleasanton Law Office

5700 Stoneridge Mall Road, Suite 230
Pleasanton, CA 94588

San Ramon Law Office

111 Deerwood RD,
Suite 200
San Ramon, CA 94583

Contact Info

Phone: 925-298-2961
Fax: 925-2982961

  • Follow
  • Follow
  • Follow
Super Lawyers Rising Star
Review Us

© 2025 The Koblin Family Law Center • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Visa, Master Card, American Express, Discover Network