Pennsylvania is an equitable distribution state, and debt, including student loans, is governed by those rules. If a student loan is incurred before the marriage or after separation, then it is non-marital debt, and it is the student spouse’s obligation. On the other hand, if the loan was incurred during the marriage, then it is considered marital debt. While the classification of education debt as marital or non-marital is of significance, it is not ultimately determinative of who shall be responsible for its repayment. The Pennsylvania Superior Court opined in its decision in Hicks v. Kubit, 758 A.2d 202 (Pa. Super. 2000), that the spouse who received the exclusive benefit of the education is ultimately responsible for the portion of the student loan applied to education expenses. However, if any portion of the loan was deposited into a joint account and used for household expenses while your wife was in school, that portion is subject to equitable distribution. Unfortunately, if you co-signed any portion of your wife’s student loan, you will continue to be responsible for the loan, regardless of your divorce, and if your wife stops paying, the lender can pursue you for payment.
The issue of your payment of your wife’s pre-marital student loan debt with your separate savings, is a different issue. While there are always exceptions, in general, if one spouse chooses to use separate assets to pay the other spouse’s pre-marital debt, the court will not likely go back to compensate that spouse for payment of the debt.
You should consult with an experienced family law attorney to get a better understanding of your rights and obligations with regard to your spouse’s student loans after you divorce.