Responsibility of Future Ex-Wife to Repay 1/2 of Student Loans?

[MGBK]

I am in CA and am on the verge of a Chapter 7 -- also, due to ongoing and more recent circumstances (wife cheating on me two months ago) I am also on the verge of a divorce. When it rains it pours? Anyway, we will likely be filing BK first and then moving on to the divorce.

But my question is this: I incurred $125K+ in student loans during our marriage while completing an MBA and some (unfinished) doctoral work. Roughly half of that money was not used for tuition but used to offset living expenses for us as a family (there are other dynamics in play here too). As a condition of the divorce could -- or would? -- my wife be liable for half of my student loans, or at least the portion NOT used for tuition? She is NOT legally a co-signer but our lifestyle as a couple was supplemented by the loan money that is in my name.

Appreciate the help!

[jennordhavn]

No. Student loans get assigned to the student borrower in a divorce in CA.

[blankslate]

I was divorced in 1993. Though I initiated the split, it was my ex husband who filed using a paralegal service. I just signed everything as I didn't want any money - I just wanted to be done. The judge who went over the papers actually changed things to be slightly more in my favor than what was submitted (I didn't realize I was about to get screwed completely) and did say that my ex could be responsible for half of my student loan because it was a living expense loan that he also benefited from. I declined. 15 years later I kinda regret that as I make my very last payment on those loans.

I don't know what the rules are in CA but I think if you are splitting debt and can prove that both benefited from the loan that can be split in the divorce.

Also, I'm sorry to hear about the divorce and betrayal. Best wishes for you.