Student loan debt can become a major issue in divorce, especially when one spouse went back to school during the marriage and the other spouse never signed the loan documents.
A common reaction is:
“Those are my spouse’s student loans. Why should I be responsible for them?”
Under Florida law, the answer may be surprising.
If student loans were incurred during the marriage, they are generally treated as marital liabilities and included in equitable distribution. That can be true even if the loans are only in one spouse’s name and even if only one spouse received the educational benefit.
That does not necessarily mean the court will split each loan account exactly in half. Instead, the student loan debt becomes part of the larger pool of marital assets and debts that must be divided fairly.
Are Student Loans Marital Debt in Florida?
Generally, yes—if they were incurred during the marriage.
Florida’s equitable distribution statute provides that liabilities incurred during the marriage, whether incurred individually by one spouse or jointly by both spouses, are generally considered marital liabilities. Fla. Stat. § 61.075.
Florida law also creates a presumption that liabilities incurred after the date of marriage and before the applicable cutoff date are marital unless someone proves otherwise.
Florida appellate courts have repeatedly applied that rule to student loan debt.
In Rogers v. Rogers, 12 So. 3d 288 (Fla. 2d DCA 2009), the court explained that student loans incurred during the marriage are generally marital liabilities and must be equitably distributed unless the court makes proper findings supporting an unequal distribution.
What If the Student Loans Are Only in One Spouse’s Name?
That usually does not change the result.
A debt does not have to be jointly titled for it to be considered marital.
For example, if a wife takes out student loans in her own name while attending nursing school during the marriage, those loans may still be treated as marital debt even if her husband never signed a single loan document.
The same is true if the husband is the one who went back to school.
The key issue is generally when the debt was incurred, not whose name appears on the loan.
What If Only One Spouse Got the Degree?
This is where many people get frustrated.
It may seem unfair that one spouse receives the degree, the professional license, and potentially higher future income, while the other spouse may still have to share responsibility for the debt.
Florida courts have addressed this issue directly.
In Smith v. Smith, 934 So. 2d 636 (Fla. 2d DCA 2006), the trial court assigned each spouse his or her own education loans because neither spouse would benefit from the other’s future earnings after divorce.
The appellate court reversed.
The court explained that the fact that one spouse would not benefit from the other spouse’s future income was not, by itself, a proper reason to assign all of the student loan debt to the spouse who received the education.
The same principle was reaffirmed in Rogers v. Rogers.
In short, Florida courts have made clear that:
“You got the degree, so you get all the debt” is not automatically the law.
What If the Marriage Ends Right After Graduation?
That fact alone does not necessarily make the loans nonmarital.
Imagine one spouse attends law school during the marriage, graduates, and the parties separate shortly afterward.
The non-student spouse may argue:
“I never received any benefit from that degree.”
But if the loans were incurred during the marriage, they generally begin as marital liabilities.
Florida courts have repeatedly rejected the idea that student loan debt automatically becomes the sole responsibility of the educated spouse simply because the marriage ended before the household received the full financial benefit of the degree.
Does It Matter How the Student Loan Money Was Used?
It can.
In some cases, student loan funds are used only for tuition, books, and school expenses.
In other cases, the borrower receives more than the amount needed for tuition, and the extra money is used for rent, groceries, utilities, childcare, or other household expenses.
That happened in Adams v. Cook, 969 So. 2d 1185 (Fla. 5th DCA 2007).
There, the former wife incurred law school student loans during the marriage, and some of the loan proceeds were deposited into joint accounts and used for living expenses.
The appellate court held that the student loan debt was marital and reversed the trial court’s decision to assign the debt entirely to the wife.
How the funds were used can therefore be relevant to the overall equitable distribution analysis, but the initial classification still generally turns on when the debt was incurred.
What About Student Loans From Before the Marriage?
Those are generally treated differently.
Student loans incurred before the marriage are typically nonmarital liabilities.
Under Fla. Stat. § 61.075, debts incurred before the marriage are generally not subject to equitable distribution.
So if a spouse enters the marriage already owing $75,000 in student loans, that debt will usually remain that spouse’s separate responsibility.
This makes documentation especially important when student loans span multiple years.
In Banton v. Parker-Banton, 756 So. 2d 155 (Fla. 4th DCA 2000), the appellate court reversed because the evidence did not clearly show which student loans were incurred before the marriage and which were incurred during the marriage.
Without that information, the court could not properly classify the debt.
What Is the Cutoff Date for Student Loan Debt?
The filing date of the divorce can matter.
Under Fla. Stat. § 61.075, the cutoff date for determining whether assets and liabilities are marital is generally the earliest of:
- the date of a valid separation agreement;
- another date established by that agreement; or
- the date the petition for dissolution of marriage is filed.
That means loans taken out after the divorce case begins may not be part of the marital estate.
This issue can become especially important when one spouse is still in school when the divorce is filed.
Does Florida Automatically Split Student Loan Debt 50/50?
No.
Florida courts begin with the premise that marital assets and liabilities should be distributed equally.
But equitable distribution does not always mean every individual debt is divided exactly in half.
The judge looks at the entire marital estate and can order an unequal distribution if the facts justify it.
Factors can include:
- the financial circumstances of each spouse;
- the length of the marriage;
- each spouse’s contribution to the marriage;
- interruptions in careers or education;
- one spouse’s contribution to the other spouse’s education or career;
- contributions to the incurring of liabilities; and
- other circumstances necessary to achieve equity and justice.
Fla. Stat. § 61.075(1).
Can the Judge Make One Spouse Pay All of the Student Loans?
Potentially.
But there must be a legally sufficient reason.
This is an important distinction:
A student loan can be classified as marital debt but still be allocated mostly or entirely to one spouse if the court finds that an unequal distribution is justified.
The court must support that decision with proper factual findings.
In Rogers, the trial court placed the entire student loan debt on the wife without sufficient findings to justify the unequal distribution. The appellate court reversed.
The same problem arose in Cooley v. Cooley, 253 So. 3d 1223 (Fla. 2d DCA 2018), where the trial court assigned the wife’s student loan debt to her in part because the husband would not benefit from her education.
Again, the appellate court rejected that reasoning.
So while unequal distribution is possible, the court cannot simply say:
“You went to school, so the debt is yours.”
What If the Marriage Was Very Short?
The length of the marriage can matter.
Duration of the marriage is one of the factors a court may consider when deciding whether an unequal distribution is appropriate.
A very short marriage may support an argument for allocating more of the debt to the borrowing spouse, depending on the facts.
But a short marriage does not automatically convert student loan debt incurred during the marriage into nonmarital debt.
The court still has to classify the debt first and then decide how it should be distributed.
What If My Spouse Took Out the Loans Without Telling Me?
That can be frustrating, but secrecy alone does not necessarily make the debt nonmarital.
Florida law generally presumes that liabilities incurred during the marriage are marital.
The circumstances surrounding the borrowing may still be relevant when deciding whether an unequal distribution is appropriate, but the fact that one spouse did not know about the loan does not automatically remove it from the marital estate.
What Documents Should You Gather?
If student loans are going to be an issue in your divorce, documentation is critical.
Important records may include:
- loan origination dates;
- original balances;
- current balances;
- payment histories;
- school enrollment records;
- tuition statements;
- consolidation documents;
- records showing how excess loan proceeds were used; and
- statements showing which loans existed before the marriage.
The more complicated the borrowing history, the more important it becomes to identify exactly when each loan was incurred.
So Who Gets Stuck With the Student Loan Debt?
The answer depends on the facts.
If the loans were incurred before the marriage, they are generally nonmarital.
If they were incurred during the marriage and before the applicable cutoff date, they are generally presumed marital.
And while a Florida court can assign more of the debt to one spouse when the circumstances justify it, the fact that one spouse received the degree is not enough by itself.
The big question is usually not:
“Whose name is on the loan?”
It is:
“When was the debt incurred, and how should it be treated as part of the overall equitable distribution?”
Speak With a Tampa Divorce Attorney About Student Loan Debt
Student loan debt can complicate a divorce, especially when some loans were taken out before marriage, others were incurred during the marriage, or one spouse was still in school when the divorce began.
Cigar City Law, LLC represents clients in Tampa, Hillsborough County, and throughout Florida in divorce and equitable distribution matters involving student loans, credit cards, real estate, retirement accounts, businesses, and other marital assets and liabilities.
Cigar City Law, LLC 401 E. Jackson St., Suite 3300 Tampa, FL 33602 Telephone: (813) 575-7579
Frequently Asked Questions About Student Loans and Florida Divorce
Are my spouse’s student loans marital debt in Florida?
If the loans were incurred during the marriage, they are generally presumed to be marital liabilities.
What if the loans are only in my spouse’s name?
That does not automatically make them nonmarital. Florida law can treat debts incurred individually by either spouse during the marriage as marital liabilities.
Do I have to pay half of my spouse’s student loans?
Not necessarily. Florida begins with a presumption of equal equitable distribution, but the court divides the entire marital estate and may allocate individual debts differently when justified.
What if my spouse got the degree and I got no benefit from it?
Florida courts have repeatedly held that the lack of future benefit from the other spouse’s education is not, by itself, enough to assign all of the debt to the spouse who earned the degree.
What happens to student loans from before the marriage?
They are generally considered nonmarital liabilities.
What if some loans were taken out before marriage and others during the marriage?
The loans may need to be separated by date so the court can determine which portion is marital and which portion is nonmarital.
Can a prenuptial agreement address student loan debt?
Yes. A valid prenuptial or postnuptial agreement can address responsibility for student loan debt and may change how the debt is treated in divorce.
This article is for general informational purposes only and does not create an attorney-client relationship or provide legal advice regarding any particular case.