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

 Posted on July 09, 2026 in Property Division

For many married couples, student loans are an inevitable part of life. Getting an education is an incredibly expensive investment, and when a couple gets married before or during one or both spouses’ years in school, student loans may be taken on during the marriage. But what happens to such a significant amount of debt when a couple decides to get divorced? 

While the spouse whose education was paid for using student loans may seem like the natural person to take on responsibility for the loans, dividing student debt in a divorce actually depends on a number of factors. At Goostree Law Group, our St. Charles, IL divorce attorneys have decades of legal experience, so you can rely on us to help protect your interests.

Who Is Responsible for Student Loans in a 2026 Divorce?

Illinois law requires divorcing spouses to fairly divide their assets and debts (750 ILCS 5/503). Fairly does not necessarily mean equally, however. This is where the details really matter when it comes to student loans. Illinois courts prefer couples to create an asset and debt division agreement without intervention from a judge, but this is not always possible.

Even when an agreement is possible, both spouses need to make sure they understand the law. A judge will need to review any proposed asset and debt division for fairness and equity. Some factors that will need to be considered include:

• Who signed the contract? Student loans may be guaranteed with only one spouse’s signature, but often, both spouses are cosigners on a loan agreement. Even if only one spouse’s signature is on the loan, however, a divorce order could hold both spouses responsible for paying it back.
• When was the debt taken out? If a spouse took out student debt before getting married, the debt will likely be seen as the personal debt of that spouse alone. Although there can be exceptions, assets and debt held by either spouse before marriage usually remain personal property and debt in a divorce.
• Who did the loans benefit? One thing that may influence the allocation of student debt, regardless of which spouse took out the loans and when they did so, is whether both spouses benefited from the debt. If the debt supported the whole family, including shared marital expenses, while only one spouse was in school, both spouses may be held responsible for paying it back.
• Is there a prenuptial agreement? Many couples sign a prenuptial agreement discussing how any debt taken on during the marriage will be treated in a divorce. If such an agreement exists and is valid, it supersedes state law on debt division.

Our firm can advocate for a division of debts that protects your financial future. Whenever possible, we negotiate for tailored property settlements that take your needs into account.

Will I Have to Pay Alimony if My Spouse Has Student Loans?

Alimony and student loan debt are two separate issues in an Illinois divorce, but they can overlap in ways that affect both spouses. A court looks at alimony, which Illinois calls maintenance, based on each spouse's income, earning potential, and financial needs.

If your spouse took on significant student loan debt to earn a degree, that degree may have increased his or her earning capacity. A court can take that into account when deciding whether maintenance is appropriate.

In some cases, a spouse with a higher-earning degree may not need ongoing support at all. In others, the debt itself may have reduced their current financial stability enough to justify some maintenance. There is no automatic rule. The court looks at the financial circumstances of both spouses before making any decision.

How Does Student Loan Debt Affect Property Division in Illinois?

A spouse carrying significant student loan debt may have less financial flexibility after the divorce. Monthly loan payments can take up a large portion of income, leaving less available for everyday expenses, housing, and other obligations. A court can consider that reality when deciding how to divide property.

If one spouse is burdened by substantial debt, a court may adjust how other assets are divided to account for the difference in financial standing. That could mean awarding a larger share of savings, retirement accounts, or other marital property to the spouse with greater debt obligations. The goal is to reach an outcome that reflects each spouse's actual financial means, not just a simple split of what the marriage accumulated.

A spouse with a professional degree may also have stronger long-term earning potential, even if their current finances are strained by loan payments. Courts look at both present circumstances and future outlook. What a spouse owes today and what they are likely to earn going forward can both shape how property is divided.

Does Fault in an Illinois Divorce Affect How Student Loans Are Divided?

Illinois is a no-fault divorce state. Neither spouse needs to prove wrongdoing to obtain a divorce. For property division purposes, fault generally does not factor into how debts are assigned. A court focuses on fairness and the financial circumstances of each spouse rather than who caused the marriage to end. This means that you will not be held responsible for your spouse’s student loans for allegations of misconduct during the marriage.

That said, financial misconduct is different from fault in a traditional sense. If a spouse used marital funds irresponsibly or hid assets, a court may take that behavior into account. But simply being the spouse who wanted the divorce, or the spouse who was unfaithful, does not typically change how student loan debt is divided.

Contact a St. Charles, IL Asset Division Lawyer

The topic of student loans in a divorce can be complex and difficult to resolve. If you are considering divorce or have already started negotiations with your spouse, you could benefit greatly from the help of an experienced Kane County, IL divorce attorney with Goostree Law Group. We will not pressure you into taking any particular strategy with your divorce, but instead will support your preferences and give you the full range of options available to you. Call us today at 630-584-4800 to schedule a complimentary initial consultation and learn more.