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My understanding is that IBR payment is a percentage of your household income if married. In that case can the payment actually be more than your individual income if your spouse earns more? (Especially if you are unemployed and have $0 income).

I read somewhere that marrying someone does not make you responsible for their student loans, but in the above case seems like you will be responsible, and forced to pay for your spouse's loan. Can someone clarify. Thanks!

Update: The answer to whether you are expected to make payment without income (if your spouse has income) seems to be a YES.

The reasons for it however are unsatisfactory, and one of the following:

  1. A twisted version of "spouse is not responsible but it is expected to come from spouse's paycheck" - however you hash this, this is bad logic.
  2. Communal income - this makes more sense, but this applies only to 9 states in the US so not a comprehensive solution. https://www.investopedia.com/terms/c/communityincome.asp
  3. You file taxes together, so you are collectively responsible - this is also fine(for sake of this argument), but goes against the claim that spouse is not responsible (this is actually a version of #1)

I don't intend to argue the validity of above answers especially #1, but if (only) there is any other answer please provide below. Thanks!

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  • There's a difference between your spouse being responsible for your loan payments and you being responsible for a higher payment because you are married.
    – chepner
    Commented Feb 1, 2021 at 20:17
  • I understand 'you being responsible for a higher payment because you are married', but the question is - is there a scenario where you can responsible for a payment that is higher than your individual income?
    – Gadam
    Commented Feb 2, 2021 at 5:06

2 Answers 2

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As someone who's spouse has a very large amount of student debt, I can verify that I am not responsible for my spouse's student debt.

That being said, The IBR plan does take my individual income into account, so she owes more per month when I earn money (and, conversely, when I was unemployed for 3 months her payment dropped below where it was when she was single). The responsibility to pay, and consequences of becoming delinquent on the loans, rest on her shoulders alone, even though both of our incomes factor into the payment amount when she certifies income for the year.

EDIT: To clarify something, responsibility for a loan is different from determining the amount owed each month. In the event of your sudden unemployment,your spouse has no responsibility to pay back your student loan. Your spouses credit won't get hit for delinquency and there can be no legal pursuit or garnishment of your spouses wages for paying back the loan. You, however, still must make the monthly payment, and the payment amount will be based on your communal income with your spouse.

A note that I should have brought up earlier, the repayment amount is based on your most recent tax return AGI. If you want your loan to be based solely off your income and not your spouses, you can simply file separately to only include your AGI in the equation, and not your communal AGI.

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  • That seems reasonable in the ideal situation when both are earning. I was curious about when the loan borrower is unemployed and has literally no income to make payments, what happens then? Does it come out of the spouse's income?
    – Gadam
    Commented Feb 2, 2021 at 4:59
  • @Gadam it comes out of community income. (Do you and your spouse keep your finances separate?)
    – RonJohn
    Commented Feb 2, 2021 at 5:29
  • Thanks @RonJohn. If it comes out of the 'community income', then it would be wrong to say that you are not responsible for your spouse's loan. Thats the crux of my question. (As a side note, I believe only a few states fall under the 'community' property laws?)
    – Gadam
    Commented Feb 2, 2021 at 5:57
  • @Gadam responsibility for a loan is different from determining the amount owed each month. Your spouse has no responsibility to pay back your student loan. Your spouses credit won't get hit for delinquency and there can be no legal pursuit or garnishment of your spouses wages for paying back the loan.
    – GOATNine
    Commented Feb 2, 2021 at 12:29
  • @Gadam you're incorrectly fixating on "responsible"; stop it. The reason part of your salary is going to pay your spouse's loan is because you love your spouse, not because you're legally responsible to do so. The reason IRB is calculated using family income is because that's how you file your taxes.
    – RonJohn
    Commented Feb 2, 2021 at 13:52
1

I read somewhere that marrying someone does not make you responsible for their student loans, but in the above case seems like you will be responsible, and forced to pay for your spouse's loan.

Your spouse is responsible for those loans.

But you married the person with (hopefully; if not, shame on you!) open eyes, knowing that the spouse's debts must come out of the "family pool of money".

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  • Well theres an argument to be made that the best way to marry is with your 'eyes closed', which is when you are hopelessly in love :) But that does not mean you abandon logic in your financial transactions. What you are saying is still has an element of contradiction that I am seeking to resolve.
    – Gadam
    Commented Feb 2, 2021 at 5:14
  • @Gadam well, it's complicated. Fortunately, having gone through a divorces, I know something about the issues; they're from the perspective of a "Community Property" state, though. If the debts were acquired before the marriage, then they are "separate property"; in case of divorce, your spouse keeps that separate property. (Your spouse might try to argue that community assets were use to pay the loan, "mingling" the debt, and thus making it a community debt. The law explicitly stating that it's the spouse's debt would eliminate that line of attack. Clear as mud?
    – RonJohn
    Commented Feb 2, 2021 at 5:25
  • @Gadam none of what I wrote has any bearing on debt repayment while married, but that's ok, since the purpose of "student loan debt is owned by the person who took it out" is ultimately for situations like divorce.
    – RonJohn
    Commented Feb 2, 2021 at 5:28

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