DebtDoc Bankruptcy News Blog

Thursday, 23 July 2015 00:00

How Marriage Can Affect Your Student Loans

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According to recent data from Experian, 40 million Americans have at least one outstanding student loan.  The average amount of debt is $29,000.00, which is an all time high.  A common question for many borrowers is “how will my student loans be affected if I get married?” 

If your loans are being repaid through income based or income contingent repayment, your repayment plan may be affected if you get married as discussed in a recent article.  You are required to provide yearly income information to your loan servicer so your payment can be reassessed.  If you file a joint tax return, your spouse’s income will be counted when reassessing your payment.  However, if you file a separate tax return, your spouse’s income will not be counted but you may lose other tax benefits of married filers.  You should speak with a tax professional to find out which tax filing status is best for your individual situation.

Another common question is whether a spouse can ever be held responsible for the other spouse’s student loans.  Federal loans contain a death discharge provision in the event a student loan borrower dies before the loan is repaid.  However, this is not the case for all private loans.  Whether there is a death discharge provision depends on the original loan contract.  If you are married at the time you take out a student loan, the loan may be determined to be a “marital debt” if you were to divorce, depending on the laws in your state.  Additionally, both spouses may be responsible for the loan if one spouse co-signed for the other.

Before getting married, it is important to have an honest conversation about each future spouse’s financial goals and debt.  High amounts of student loan debt may affect your ability to qualify for a mortgage loan, obtain credit, or save for retirement.  It is important to get your student loans in order before combining your finances with those of your future spouse.  If you need help navigating your loans and repayment options, our office can help.  

Read 8134 times Last modified on Friday, 01 February 2019 06:00

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Clients with Student Loan Debt

Clients with Student Loans

Some information I need to evaluate your Student Loan options is contained in your National Student Loan Data System Report. Instructions for obtaining this report are available on my web site at sandiegostudentloanlawyer.com/nslds-report. Simply print/save the reports as a PDF, of all pages. Please DO NOT "DOWNLOAD" THE REPORT from the link - this creates a text file that is very difficult to read; please print the web page as a PDF file - the summary page of all loans AND the individual reports for each loan. Samples of these pages can be viewed by clicking the respective links in the previous sentence. I look forward to reviewing this report with you and assisting you with the management of your Student Loan debt.

I have prepared a brief questionnaire for you to fill out to provide me most of the information I will need. Please click this questionnaire link and provide me with the information listed. I would also like to see copies of your most recent pay stubs or other income information.

My office is located at 2727 Camino Del Rio South, Suite 135-C, San Diego, CA 92108. The main entrance to the building is on the right/west side. I am on the first floor; when you enter the building, turn right and I’m in the suite at the second door on the left. If the suite door is locked, please call or text at 619-678-1134 and I will let you in. (Unfortunately, I usually can’t hear a knock at that door.) I look forward to meeting with you and assisting you on your path back to financial freedom.