FAFSA Parent Plus loan liability after divorce - am I solely responsible?

This is really a state-specific legal question about marital debt. Federal Parent Plus loans are legally the responsibility of the parent who signed for them, regardless of marital status changes. The federal government will only pursue the person whose name is on the loan documents. However, how these loans are handled in divorce proceedings varies by state. In some states, debt acquired during marriage for family purposes (like education) might be considered marital debt to be divided. In others, the signatory parent remains solely responsible. You should consult with a family law attorney in Florida who can advise on your specific situation regarding how Florida handles education debt in divorce proceedings.

I went thru this EXACT situation in 2019!!! Signed for $52k in parent plus loans for my daughter and then got divorced. In my state (not FL) the judge ruled these were MY loans since only MY name was on them. Ex got away with paying NOTHING even tho we were married when we took them. The federal loan people don't care what ur divorce decree says - they go after whoever signed the promissory note. SUPER unfair system!!!!!

just wondering but why didnt u both sign for the loans if u were married? my wife and i both put our names on all the parent plus loans we took for our kids

Parent Plus loans are legally the sole responsibility of the parent who signs for them. Unlike some other marital debts, these loans aren't automatically considered joint debt even if acquired during marriage. Here's what you should know: 1. The Department of Education will only pursue the signer for repayment 2. Your divorce decree can include agreements about who pays what, but that's between you and your ex 3. If your ex agrees to help pay but doesn't, you're still legally responsible to the federal government 4. You could potentially include loan payment requirements in your divorce settlement As for options, you might consider: - Income-Contingent Repayment if you consolidate into a Direct Consolidation Loan - Requesting temporary forbearance during the divorce transition - Documenting any agreement for shared payment responsibility in legally binding terms I'd recommend speaking with both a family law attorney and a student loan advisor to understand all your options.

lol my husband pulled this same stunt with our kid's college loans. got divorced and i got stuck with all the parent plus debt even tho our son was going to the college HE wanted. courts dont care, its whoever signed on the dotted line

Have you tried calling Federal Student Aid to discuss your options? I was in a similar situation and wanted to understand my repayment options after a separation. I spent DAYS trying to get through to someone who could actually help. Finally I used this service called Claimyr (claimyr.com) that got me connected to an actual FSA agent in about 10 minutes instead of waiting on hold for hours. They have a video demo showing how it works: https://youtu.be/TbC8dZQWYNQ The agent I spoke with explained all my options regarding my Parent Plus loans and helped me understand what would happen in different scenarios. Totally worth it to talk directly with someone who knows the rules rather than guessing.

Parent Plus loans only hold the borrower responsible, not both spouses. My friend went through this and had to refinance through a private lender to get her ex to take responsibility for part of them. But be careful with refinancing federal loans because you lose all the federal protections and forgiveness options.

make sure u check if florida is a community property state cause that changes everything. in community property states debts during marriage are split 50/50 no matter who signed

One thing to consider is that any agreement you make in your divorce decree about these loans is between you and your ex-spouse. The Department of Education still considers only you legally responsible for repayment. If your ex agrees to help pay but then stops, you'll still be on the hook for the full amount, and any missed payments will damage your credit, not theirs. Make sure any agreement you reach has enforcement mechanisms built in. Some divorced parents set up dedicated accounts or payment systems to manage these shared expenses in a more transparent way.

I'm going through something similar right now and wanted to share what I've learned from my attorney. Even though you're the only one who signed, you might still have some leverage in your divorce settlement. My lawyer explained that while the federal government will only come after you for repayment, Florida courts can consider these loans when dividing other marital assets or determining alimony. For example, if your husband gets a larger share of retirement accounts or home equity, the court might factor in that you're stuck with the education debt. It's not automatic, but it's something to discuss with your lawyer as part of the overall financial picture. Also, document everything about how the decision to take these loans was made - texts, emails, anything showing it was a joint decision for your son's education. That could help support your case that it should be considered in the overall settlement even if you're legally stuck with the payments.

I'm really sorry you're going through this difficult situation. As someone new to this community, I've been reading through all the responses and it's clear this is unfortunately a common problem. What strikes me most is how many people are emphasizing that the federal government only recognizes the legal borrower (you), regardless of what your divorce decree says. This seems like a crucial point to understand upfront. One thing I noticed from the other responses is that people are mentioning different strategies - some focused on the federal loan side (like income-driven repayment plans) and others on the divorce settlement side (like factoring the debt into asset division). It sounds like you might need to work both angles simultaneously. Have you considered whether your son might be able to take on some of these loans himself through a process like transferring them to his name, or is that not possible with Parent Plus loans? I'm still learning about all these options myself, but I'm curious if there are any ways to restructure who's responsible before the divorce is finalized. Wishing you the best as you navigate this complex situation. It's encouraging to see how helpful this community is with sharing real experiences and practical advice.

I'm new here but this situation really resonates with me as I'm also navigating some tricky financial decisions around college funding. Reading through everyone's experiences, it's clear that the federal loan system creates some really unfair situations for divorcing parents. One thing I'm wondering about - and maybe others here have experience with this - is whether it's worth trying to negotiate some kind of formal agreement during the divorce process where your ex would be legally required to maintain life insurance that could cover the remaining loan balance if something happened to them? I know it doesn't help with the day-to-day payments, but it might provide some protection against being stuck with the full debt if they pass away. Also, have you looked into whether your son might be eligible for any additional aid or scholarships for his remaining years that could reduce the need for future Parent Plus borrowing? Sometimes family financial situations changing (like divorce) can affect aid eligibility. The whole system seems designed to protect the government's ability to collect rather than what's fair for families going through major life changes. I hope you're able to find a solution that works for your situation.

I'm new to this community but your situation really hits close to home. I'm currently going through my own divorce and we have Parent Plus loans for our daughter's education - about $45k so far with two more years to go. Reading through all these responses has been both helpful and terrifying. It sounds like the consensus is pretty clear that you're going to be stuck with the legal responsibility regardless of what happens in your divorce settlement. That's exactly what I was afraid of hearing about my own situation. One thing I'm curious about - and maybe some of the more experienced members here can weigh in - is whether there are any tax implications to consider? Like if your ex agrees to help pay but the loans are still in your name, does that create any issues with who gets to claim the student loan interest deduction? Also, have you thought about what happens if your son decides to transfer schools or drop out? I know that sounds pessimistic, but I'm trying to plan for all scenarios since I might end up shouldering these payments alone too. The whole system really does seem unfair to parents who made joint decisions about their children's education. I hope you're able to work out something reasonable with your ex, even if the federal government won't recognize it. Thanks for posting this question - it's giving me a lot to think about for my own situation.

I'm new to this community but have been following this discussion because I'm facing a similar situation. What really stands out to me from all these responses is how the federal loan system seems to completely ignore the reality of how families make education decisions together. I wanted to add one perspective that I haven't seen mentioned yet - have you considered documenting your current financial situation thoroughly before the divorce is finalized? Things like your income, expenses, and ability to handle these payments alone? This documentation could be useful both for negotiating the divorce settlement and potentially for future income-driven repayment applications. Also, I'm curious if anyone knows whether there are any advocacy groups or organizations working to change these policies? It seems like there are so many parents getting stuck in this exact situation where joint family decisions result in individual financial responsibility after divorce. Your situation really highlights how important it is for married couples to understand these implications before signing for Parent Plus loans. I wish there was better disclosure about what happens in divorce situations when you're going through the initial loan process. Thanks for sharing your story - it's clearly helping a lot of people think through their own situations and options.

I'm new to this community and your situation really resonates with me as someone who's been researching college funding options. Reading through all these responses has been incredibly eye-opening about the risks that come with Parent Plus loans in marriage situations. What strikes me most is how many people have shared similar experiences where they ended up solely responsible despite making joint decisions. It seems like there's a real disconnect between how families approach college funding decisions together versus how the federal loan system assigns responsibility. I'm curious - and this might be helpful for others in similar situations - have you looked into whether there are any state-specific resources or legal aid organizations in Florida that specialize in education debt issues during divorce? Sometimes there are non-profit legal clinics that help people navigate these complex intersections between family law and federal student aid. Also, based on what others have shared about income-driven repayment options, it might be worth exploring those sooner rather than later, especially since your income situation may change significantly post-divorce. The earlier you understand all your federal repayment options, the better positioned you'll be to make informed decisions about your settlement negotiations. Thank you for sharing your story - it's clearly helping many people understand the potential consequences of these decisions before they find themselves in similar situations.

I'm new to this community but your situation really caught my attention because I'm currently helping my sister navigate something very similar. She's going through a divorce and has about $32k in Parent Plus loans that she signed for alone during her marriage. One thing that might be worth exploring - and I apologize if this has been covered already - is whether Florida has any specific provisions for educational expenses in divorce settlements. I know some states treat education costs for children (including loan repayments) as ongoing child support obligations that can be shared between parents even after divorce. Also, from what I've been learning about Parent Plus loans, there are some newer income-driven repayment options that weren't available a few years ago. The Income-Contingent Repayment plan can sometimes result in significantly lower monthly payments if your post-divorce income is substantially less than your combined marital income was. I've been impressed by how supportive this community is in sharing real experiences rather than just theoretical advice. It's clear that unfortunately many families face this exact situation where federal loan policies don't align with how education decisions are actually made in families. Hoping you're able to find a path forward that works for your situation.