Property division is an important aspect of divorce, one that motivates many a celebrity couple to seek the protection of a prenuptial agreement. An equally good reason to form a prenuptial agreement can be to avoid an unwanted outcome with respect to debt division. The reasons for this are clear enough when one is engaged to a person who brings significant debt to the table or who is likely to get into significant debt during the marriage.
Student loan debt is of particular concern for many couples, and can put a lot of stress on a marriage. Those who do not have a prenuptial agreement addressing division of student loan debt should at least have a basic understanding of how this debt is divided in the event of divorce. Generally speaking, student loan debt incurred prior to marriage is considered separate property and is not subject to division in divorce, but student loan debt incurred during the marriage is a different story.