Why Do I Have to Help My Spouse Pay Student Loans if We Get Divorced?

 Posted on July 16, 2025 in Divorce / Family Law

Many spouses in Illinois are surprised to learn that they might end up responsible for paying their partner’s student loan debt during divorce. This can feel deeply unfair, especially if you were not entirely on board with your partner going, or returning, to school during your marriage. Nevertheless, it is the law, and with high balances from undergraduate and graduate degrees, understanding how Illinois law treats marital debt is important for setting reasonable expectations and negotiating a fair settlement. Our Kane County, IL divorce lawyer is here to help with exactly that.

Are Student Loans Considered Shared Debt in Illinois?

Under Illinois law, debts borrowed during a marriage are assumed to be marital property, even if they are in only one spouse’s name. This includes student loans. According to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503), marital property and debts are divided equitably, meaning fairly, though not necessarily equally.

If a spouse took out student loans before the marriage, however, those loans are generally considered non-marital debt. The spouse who borrowed the debt will usually remain responsible for paying it by him- or herself. However, if the loans were taken out during the marriage, the court will examine how the money from the loans was used and then decide whether both spouses should share responsibility.

Why Would I Be Responsible for My Spouse’s Student Loans in a Divorce?

Illinois courts consider several factors when determining how to divide marital debts.

The purpose of the loan is a significant factor. If the education benefited the marriage, such as by increasing household income or improving the family’s standard of living, a judge may find it fair to divide the debt between spouses. Conversely, if the degree primarily benefits only the borrowing spouse after the marriage ends, the judge may assign the debt solely to that spouse.

Judges also consider each spouse’s financial situation. If one spouse earns significantly more as a result of the education, the court may require that spouse to bear the responsibility for repayment. However, if the borrowing spouse has limited income, the court might assign some or all of the debt to the higher-earning spouse.

What Happens with Co-Signed Student Loans in a Divorce?

When both spouses have co-signed on a loan, each remains legally responsible for repayment, no matter how the court allocates the debt in the divorce. The lender can pursue either party for missed payments, even if a Judge assigned the debt to one spouse. However, if the court orders one spouse to help pay for the other spouse’s student loans and that spouse refuses, there can be serious consequences from the court. 

Contact a Kane County, IL Divorce Lawyer for Dividing Student Loan Debt

If you are worried about being responsible for your spouse’s student loan debt, it is important to work with an attorney who understands Illinois property division laws. At Loire Krajniak Law, LLC, we offer free consultations to discuss your case and help protect your financial future. Call our Geneva, IL family lawyer today at 630-448-2406 to schedule your consultation.