Q: Am i liable for my wifes student loans after we divorce?
A:
In Oregon you aren't liable for the debts of your spouse unless your name is connected with the debt as the responsible party for paying the debt OR the court in a divorce orders you to pay the debt OR the debt qualifies as a debt that was for the benefit of the family and the creditor seeks to have you held responsible to pay the debt using ORS 108.040. https://www.oregonlaws.org/ors/108.040
The latter exception, under ORS 108.040, isn't automatic. So you aren't liable under this statute unless and until a creditor files a claim against you and your spouse for the unpaid debt and the creditor alleges that you should also be liable for the debt using this statute, and then this is proven in a trial or hearing (if you contest the allegation). Because it is not easy to use ORS 108.040 it isn't used all that often. Just know it could be used.
In most divorce cases I have work on, each spouse took responsibility for paying their own student loan debts. There could a reason for there to be an exception, but that is normally how it works out.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
