What Happens to Student Loans When You Marry — or Divorce

Marrying someone with student debt could impact the couple’s future financial plans. However, any student debt borrowed before you got married will remain yours after a divorce.

Elin Johnson
Julie Myhre-Nunes
Updated
Student loan debt shouldn't keep you from marrying someone you want to spend the next, oh, 60 years with. You just need to know what you're getting into. Discussing student debt openly can help you both determine what financial goals are realistic and build a plan on how to pay off the loans.

Marrying someone with student loan debt

Loans taken out before marriage typically won't become jointly owned when you say, "I do." But if either partner takes on new debt or refinances during the marriage, it legally becomes both partners' responsibility in community property states like Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin. California is a community property state too, but treats student loans separately: in California, student loans are generally treated as the property of the spouse who borrowed them.
One partner's debt can also delay shared goals like buying a home, starting a family or saving for retirement. Before you get married, consider starting with a candid money conversation. Start by sharing credit reports (everyone gets one free annually from AnnualCreditReport.com), and discuss any red flags like late payments. Debts should be a part of this conversation, including student loan debt. Credit histories stay separate — only jointly acquired or co-signed debt shows up on both reports — but failing to talk to your partner about credit before getting married may limit you as a couple on what you’ll jointly qualify for, like a car loan or mortgage.

How marriage can affect your student loan payments

A large federal student loan burden may call for an Income-Driven Repayment (IDR) plan, which calculates payments based on income. Filing taxes jointly may raise income-driven payments, since they're based on combined income. Filing separately can help a spouse avoid that increase, but there might be some tradeoffs — a tax professional can help weigh the full picture.
Nerdy Perspective
"My husband has federal undergraduate and law school loans. We file our taxes as married filing jointly, which increases the IDR plan cost significantly. We considered filing separately and met with our tax accountant to see if changing our tax filing made sense for us. Unfortunately, we were told the tax implications of filing separately would cost more than the lower student loan payment we’d get with IDR. As such, we still file jointly. We can’t afford an IDR payment right now, so we moved from SAVE to a standard repayment plan."
Profile photo of Julie Myhre-Nunes

Julie Myhre-Nunes

Student Loans Managing Editor

Refinancing can help with large monthly payments, especially for private loans, but refinancing federal loans forfeits repayment options and forgiveness eligibility. Co-signing a refinance can help a partner qualify, but it legally binds you to the debt too.
Before helping pay down a partner's debt, build your own emergency savings (three to six months of expenses is a solid goal), ideally as a team.

Can you consolidate loans with your spouse?

The federal government offered married borrowers joint consolidation from 1993 until the program ended on July 1, 2006. Today, the only option is refinancing with a private lender, and few of those programs remain. Instead, you might consider:
Revisiting other repayment options. If you borrowed student loans after July 1, 2026, you are only eligible for the Tiered Standard Plan or the Repayment Assistance Plan (RAP). If you only took out your student loans before July 1, 2026, you may be eligible for the Income-Based Repayment, Pay As You Earn or Income-Contingent Repayment plans.
Loan forgiveness programs, such as Public Service Loan Forgiveness (PSLF), IDR-based forgiveness, school-related discharge, teacher loan forgiveness and disability discharge can help shorten the life of your loan. Be wary of scams charging upfront fees — legitimate federal forgiveness programs never cost anything to apply.
Consolidating individually, combining federal loans into one to lower payments and gain forgiveness eligibility — but check whether you'd lose loan-specific benefits, like Perkins loan forgiveness for teachers or healthcare workers. You should also know your loan rate will be an average of your existing loans. While this doesn’t sound like a huge difference in the interest rate, it could impact the overall amount you pay toward the loan.
Refinancing individually, which can lower interest rates, but forfeits federal perks like IDR and PSLF — and can't be undone. For federal borrowers, it moves their loans from federal to private.
Co-signing a spouse's refinanced loan, which may unlock better rates, but makes you equally responsible for the balance — even after divorce — unless it's later refinanced into one name.
What to know in 2026 🤓
The U.S. Department of Education has announced that federal student loan borrowers enrolled in autopay will be eligible for a 1% rate discount starting July 1, 2026.
Borrowers must enroll in autopay by September 30, 2026, to benefit. Borrowers who are already enrolled in autopay (and who are already benefiting from the 0.25% discount) will automatically receive an additional 0.75% rate reduction. This rate reduction will apply to borrowers whose loans originated after July 1, 2012, and will run through June 30, 2028.

Student loans and divorce

Timing determines ownership after divorce. Debt taken on before marriage stays with the borrower, while new loans or refinances taken on during the marriage are considered marital debt and treated differently by state.
  • If one of you co-signed a loan, that person remains responsible even after divorce. There are a couple of ways one spouse can detach from the other's debt. Refinancing solo is the easiest way, or the initial borrower can refinance with a co-signer offering a fast release (12 months is typical, but the actual time is determined by the lender).
  • In community property states (Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), both spouses are 50/50 liable for debt acquired during the marriage, regardless of who borrowed it. As previously noted, California generally treats student loans as the property of the spouse who borrowed them.
  • In common-law (equitable distribution) states, which are all the states not listed in the bullet above, each spouse is liable for an "equitable" share of marital debt. If spouses disagree, a court decides based on factors like income potential, how the funds were used and who was paying the loans.
  • If one of you is on an income-driven repayment plan, notify your servicer right away and submit a new income certification after divorce — married IDR payments often combine both incomes, so payments could lower once you're no longer filing jointly.
If you're unsure what will happen, reaching an agreement outside of court is usually less expensive than involving lawyers, though legal support can help with complex cases. A prenuptial or postnuptial agreement can specify how debt will be handled if the marriage ends.