As of July, 2025, the total amount of outstanding student loan debt in the whole United States is approximately $1.77 trillion. This total includes outstanding loans from both private and federal sources. Given this stupendous figure – a figure which isn’t likely to be reduced to zero at any point in the foreseeable future – it follows that student debt will remain a hot button topic in Colorado and elsewhere in the coming years. For those going through divorce in Colorado, student loan debt – or, more precisely, the division of student loan debt – will certainly continue to be a major issue in the context of the property division process.
Student loans are a somewhat unique financial transaction in certain respects. For instance, these loans are typically not dischargeable in bankruptcy, at least not without a showing of extreme hardship, a protection which is ordinarily given to most types of consumer debt.
Naturally, Coloradoans will wonder: how are student loans treated in the divorce process? Will student loans acquired during marriage be considered “marital debt” and therefore be divisible like other types of property? These questions were discussed in the recent case of Marriage of Fortner (2025). Let’s explore this case in detail.
Facts of the Case
The couple in this case married in 2013 and had two children during the marriage. In 2021, the wife petitioned for divorce. During the divorce trial, two main issues related to property division arose: (1) the division of the student loan debt of each spouse, and (2) the division of the equity in the marital home.
After the trial, the court created an order which stated that “any remaining student loans” would be regarded as marital property and divided in a 50% / 50% manner. At trial, the husband had not presented any evidence that his student loan debt was marital property. As we’ve discussed before on our before, marital property is generally all property acquired during the marriage, by either spouse, unless an exception applies. Applicable exceptions are things such as gifts and items acquired via inheritance. Debt is considered a form of property and is therefore divisible to the extent that the debt is classified as marital property.
The husband’s student loan debt was over $50,000, whereas the wife’s total was a bit over $5,000. Hence, the court’s determination to classify both student loan debts as marital property was a very financially important decision. Based on the evidence presented by the wife at trial, there was no issue regarding the classification of her student loan debt; the wife had taken out nearly $5,000 to complete a certification program, and this occurred during the marriage. Again, no evidence was presented by the husband regarding his debt, and so the court essentially made a baseless determination to classify his student loan debt as marital property.
The wife attempted to revise the trial court’s determinations with respect to the husband’s student loan debt in a CRCP 59 motion, but that was denied. An appeal from the wife followed shortly thereafter.
Ruling & Discussion
On appeal, the wife was successful in having the husband’s student loan debt removed from the pool of marital property to be divided. The appellate division noted that that husband had essentially waived his right to any reimbursement of his student loans by failing to provide evidence of the character of these loans during trial. Furthermore, the appellate court concluded that, by classifying the husband’s student loan debt without sufficient evidence, the trial court had in fact abused its discretion. The husband’s student loan debt was reclassified as his sole and separate property and was therefore not a liability granted to the wife in the divorce. The case was remanded with these directions.
Contact the Drake Law Firm for Additional Information
Readers looking to learn more about the division of student loan debt in current Colorado law, the property division process generally, monetary awards in property division, or any other related matter, contact one of the family law attorneys at the Drake Law Firm today by calling 303-261-8111.