Student loan debt of one of the parties is considered a marital debt if acquired between the date of marriage and the date of separation. However, a student loan may not be subject to the same distribution percentages as the rest of the marital estate. Hicks v. Kubit, 758 A.2d 202 (Pa. Super. 2000) discusses the appropriate treatment of student loans in a divorce action. In Hicks, $30,776 in the way of student loans was borrowed during the marriage. The trial court only found a small portion of that total ($13,000) to be marital debt since it was deposited into a joint account and used for household expense. The balance of the loan was assigned to Wife. Wife raised an issue on appeal on the basis the entire loan should be considered marital debt. The Superior Court found that the trial court committed an error in only characterizing part of the total debt as marital, instead finding that the total loan amount acquired during the marriage would appropriate be characterized as marital debt.
There are many factors that go into dividing retirement savings. This is one of the more complex areas of divorce law and an example of why trying to represent yourself in a divorce could cost you far more money than it might save.
As long as your relationship, in some way, continues with your ex-spouse there is always potential for conflict. That relationship may be financial, because of ongoing alimony or child support payments, or parental, due to child custody and visitation. Spouses that finally, officially split are almost universally glad the legal process is over, but the reality is for many people that process is just starting a new phase.