Can A San Jose Prenuptial Agreement Cover Student Loan Debt?
Marriage means commitment, not just emotionally, but financially. If you or your partner has substantial student loan debt, you may be wondering whether a prenuptial agreement can help protect your future. The good news? In San Jose and throughout California, the answer is yes.
Prenuptial agreements are about more than who gets what in a divorce. They also create clarity and reduce conflict around existing debts and financial responsibilities. Our experienced San Jose prenuptial agreement lawyer explains when to include student loan debt in a prenup and the ways it can protect you.
When To Include Student Loan Debts in a San Jose Prenup
2025 Congressional reports show that more than 40 million people in the U.S. carry student loan debts, which averages to roughly one in six adults. The total amount owed is approximately $1.6 million. Given the heavy burden student loans place on both borrowers and their families, it is a good idea to include them in a San Jose prenuptial agreement.
California’s community property laws dictate dividing any debts incurred during the marriage evenly, even if only one spouse signed for a loan. To protect yourself and your financial security, here’s when to include student loans in your Santa Clara County prenup:
- One partner has significant loans, and the other doesn’t.
- One spouse may plan to go back to school during the marriage.
- You want to avoid disputes about repayment obligations later.
- You’re planning to keep finances separate
- You want to shield income or assets from being used to pay student loan debts.
Creating a prenuptial agreement in San Jose can clearly define who owns which debts, who’s responsible for future payments, and how student loans get handled both during your marriage and in the event of a divorce or separation.
What a San Jose Prenup Can Say About Student Loans
Student loans are tricky because of the large amounts often owed, harsh penalties for non-payment, and their exemption from bankruptcy. Fortunately, San Jose couples have broad discretion on what to include in a prenuptial agreement. Common ways you can use a prenup to address student loan debt:
- Assign the debt to one spouse as separate property.
- Clarify that future student loans remain separate debt.
- Specify that you won’t be using certain income or marital property for repayment.
- Address whether refinancing or consolidation will affect ownership.
- Outline financial obligations if one spouse returns to school later.
These terms can help prevent conflict, protect your assets, and ensure that you aren’t surprised by debt division if the marriage ends.
To Discuss Your Options, Contact Our Experienced San Jose Prenuptial Agreement Lawyer
Student loan debt can place significant stress on a marriage. A prenuptial agreement gives both partners a voice in how these debts are handled, now and in the future.
At Argyris Mah, LLP, we guide Santa Clara County couples in creating strong prenups that offer clarity, peace of mind, and legal protection. Call or contact our office online today to schedule a confidential consultation with our experienced San Jose prenuptial agreement lawyer.
Sources:
congress.gov/crs-product/IF10158
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=1612.
