In many of the cases that we see in our practice one or both of the parties have accumulated student loan debt during the course of their marriage. Many people are of the mistaken belief that this debt will not be a part of the dissolution of marriage. Florida courts have consistently held, however, that these debts are marital just like other debts that are built up during the term of the marriage. The Court in the recent case of Tsacrios v. Tsacrios, out of the First District Court in November 2019, held that student loan debt incurred during the marriage is marital. Further the Court specifically pointed out, citing Gudur v. Gudur, Case No. 2D16-3127 (2nd DCA June 28, 2019), that the fact that one party will not receive any benefit from the other party’s education because of the dissolution is not a factor to be considered when allocating a marital debt for student loans. Our firm is here to answer your questions regarding the distribution of assets and debts to help guide you to the best possible financial outcome in your divorce. One unique fact in your case could make all the financial difference in the end. Please call our office to set a no cost consultation to discuss your options.
