I concur with the recommendation of my distinguished colleague. You are two separate and distinct legal entities in terms of wage garnishment, so no your husband's wages cannot be garnished for your student loans. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE.
If those student loans aren't being paid back on time, it can affect your spouse's credit score, which can impact a joint loan application. Unless you take on joint debt or open a joint account (a credit card or mortgage together, for example), your credit shouldn't be mingled.
If you live in one of these states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin — a student loan is considered community property and, unfortunately, will be charged against the surviving spouse if it was taken out after marriage and before divorce.
In general, the rule is that the spouse who took out the loans should have to pay back the money used from marital funds to pay down the loans or pay for education outright. The reimbursed money will be split 50/50 between each spouse.
Student debt you bring into a marriage typically remains your own, but loans taken out while married can be subject to state property rules in divorce. And if one spouse co-signs the other's private student loan, he or she is legally bound to the loan unless you can obtain a co-signer release from the lender.
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.
Neither you nor your spouse is liable for any student loan debt the other accrued before you got married unless you happened to co-sign for it; however, if one of you takes out a new loan after being married, both spouses could be.
No one inherits your student loans if you die, but private lenders can seek repayment from your estate, a cosigner (for loans taken out before Nov. 20, 2018), or your spouse if you took out the debt during your marriage and you live in a community property state.
Borrowers who have reached 20 or 25 years (240 or 300 months) worth of eligible payments for IDR forgiveness will see their loans forgiven as they reach these milestones. ED will continue to discharge loans as borrowers reach the required number of months for forgiveness.
If you're married and file a joint federal tax return, the laws and regulations for income-driven repayment (IDR) plans generally require payments to be calculated based on the combined income of you and your spouse.
Taking marital vows does not mean you take on your partner's debts. “If one spouse comes into the marriage with debt, that debt is theirs alone,” Derek Jacques, a family attorney in Detroit, said. In simple terms, if you didn't sign up for the credit card or loan agreement, you do not inherit your partner's debt.
When the time comes to start making payments, only the student is obligated to repay these loans — not the parents. In fact, there's no co-signer. If the student defaults on a federal student loan, it will affect the student's credit and won't be reported on the parent's credit history.
Federal loans can also affect your bank account directly. Unlike private loans, the government doesn't need to sue you in court before garnishing your bank funds. However, only a portion of your income or savings can be seized, and certain benefits like Social Security are protected.
Your spouse isn't automatically responsible for your student loans when you get married, but marriage can impact your monthly payments and eligibility for forgiveness programs. Filing taxes jointly while on an IDR plan may increase your student loan payments, but it can also provide tax benefits.
In California, creditors can usually look to a non-debtor spouse's assets to collect on a judgment. This often includes the wages of the non-debtor spouse. Since wages are generally considered community property, the non-debtor spouse's earnings are typically subject to garnishment.
If a borrower dies, their federal student loans are discharged after the required proof of death is submitted. The borrower's family is not responsible for repaying the loans. A parent PLUS loan is discharged if the parent dies or if the student on whose behalf a parent obtained the loan dies.
Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.
So if you're struggling to pay back your student loans, you can breathe a sigh of relief knowing your spouse's wages can't be garnished.
Determine consolidating or refinancing:
If you're looking for ways to simplify repayment, you may be wondering, "Can married couples consolidate student loans together?" Unfortunately it is no longer possible to consolidate your federal or private student loans with your spouse's loans.
In community property states, as in common law states, you're on the hook for any debts in your name or that you cosign for. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states.
Marriage can affect your student loans in a number of ways, but thankfully, you won't be liable for your spouse's loans as long as they took them out before marriage. Further, any student debt that you bring into a marriage remains solely your debt.
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
You are generally not responsible for your spouse's credit card debt unless you are a co-signer for the card or you're a joint cardholder on the account.