Question:
I'm pregnant from an affair that I had. All the assets in the marriage (house, cars, furniture) came from my income or savings; most prior to the marriage. We have only been married 18 months. He accumulated $27,000 in student loans prior to our marriage while I had $3,000. We consolidated the loans after we graduated and married. Can he stick me with half his college debt?
Answer:
First let me advise you that I am not licensed in Missouri. Since laws vary from state to state you should also seek the advice of counsel in your state. When dividing property the court usually puts all assets and debts into the marital pot and divides in half. This includes premarital assets. However, since your marriage is relatively short the court will likely look at the premarital assets/debts and consider who had what at the time of the marriage. The goal is usually to put you both back where you started. The fact that you consolidated your debts is problematic. However, you can still argue that Husband should pay the majority of that debt. The problem will be in removing your name from the obligation. You need to find out if the loan can be refinanced and your name removed. Not only do you want the court to order that he pay but that he remove your name from the liability .
