Student loan debt can be a significant financial issue for couples going through a divorce. When one or both spouses have outstanding student loans, an important question may arise: how is student loan debt handled in a Colorado divorce?
Several factors can affect the answer. These include when the debt was incurred, the evidence presented to the court, and the circumstances surrounding the debt.
A 2025 Colorado Court of Appeals decision, Marriage of Fortner, shows why properly identifying and presenting evidence about student loan debt can matter during property division. In that case, the court considered whether certain student loan debt belonged in the marital estate.
How Is Student Loan Debt Treated in a Colorado Divorce?
Under Colorado law, courts identify and divide marital property and allocate marital debt during the divorce process.
Property acquired during the marriage is generally presumed to be marital unless an exception applies. Debts incurred during the marriage may also become part of the marital estate.
However, this does not mean that every student loan will automatically be divided equally between both spouses.
Several factors can affect how the court handles student loan debt, including:
- When the student loan was incurred
- Whether the debt was properly disclosed during the divorce
- What evidence the parties presented to the court
- Whether the loan was incurred during the marriage
- The circumstances of the parties and the overall property division
The Marriage of Fortner case demonstrates why evidence can play an important role in determining how a court handles student loan debt during a divorce.
The Facts of Marriage of Fortner
The parties in Marriage of Fortner married in 2013 and had two children during their marriage. In 2021, the wife filed for divorce.
During the property division process, the court addressed two main issues: the parties’ student loan debt and the equity in their home.
The trial court ultimately ordered the parties to treat any remaining student loans as marital debt and divide them equally.
However, the parties had significantly different student loan situations.
The wife presented evidence about a portion of her student loan debt that she incurred during the marriage. She testified that she used approximately $5,297.65 in loans to complete a medical coding program and increase her earning capacity.
The husband, however, did not disclose his student loan debt on his sworn financial statement. He also did not present evidence showing that he incurred more than $50,000 in student loan debt during the marriage or that the court should treat the debt as marital.
Despite the lack of evidence regarding the husband’s loans, the trial court’s order appeared to require the parties to divide all remaining student loan debt equally.
The wife challenged that decision.
What Did the Colorado Court of Appeals Decide?
On appeal, the Colorado Court of Appeals concluded that the trial court had erred by refusing to clarify its order.
The appellate court determined that the husband had waived his right to ask the court to allocate his student loans as marital debt. The court also noted that the record did not contain evidence showing that the husband incurred the student loans during the marriage.
As a result, the Court of Appeals directed the trial court to clarify its order. Only the marital portion of the wife’s student loans—approximately $5,297.65—would be divided between the parties.
The decision highlights an important point. A court cannot simply assume that a debt is marital without sufficient evidence supporting that classification.
Why Evidence and Financial Disclosures Matter in a Colorado Divorce
One of the key lessons from Marriage of Fortner involves the importance of properly identifying and documenting financial obligations during a divorce.
Student loans can raise complicated questions. The court may need to consider when the debt was incurred and how it should be addressed as part of the overall division of property and debt.
Failing to disclose a debt or present evidence about its nature can affect the arguments available during the property division process.
Financial documentation may include:
- Loan statements
- Financial disclosures
- Records showing when loans were obtained
- Information about the purpose of the loans
- Outstanding loan balances
- Evidence showing whether the debt was incurred before or during the marriage
Every divorce involves different financial circumstances. As a result, the treatment of student loan debt can depend on the specific facts of the case.
Student Loan Debt Is Not Always Divided Equally
Even when a court considers student loan debt marital debt, each spouse may not be responsible for exactly half of the balance.
Colorado courts divide marital property and allocate marital obligations in proportions they consider just after reviewing the relevant circumstances.
Recent Colorado appellate decisions have also recognized that student loans incurred during a marriage may qualify as marital debt. However, a court may still allocate the debt primarily or entirely to the spouse who incurred it, depending on the circumstances and the overall division of the marital estate.
For this reason, individuals going through a divorce should not assume that student loan debt will automatically be divided 50/50.
What Does Marriage of Fortner Mean for Your Divorce?
Marriage of Fortner does not mean that all student loans belong solely to the spouse whose name appears on the loan.
Instead, the case highlights the importance of identifying debts correctly, making complete financial disclosures, and presenting evidence to support arguments about whether a debt should be treated as marital.
If you are going through a divorce and have significant student loan debt, questions about property and debt division may become an important part of your case.
Understanding your financial situation before reaching an agreement or going to trial can help you make informed decisions about the divorce process.
Talk to a Colorado Divorce Attorney About Property and Debt Division
Property and debt division can be one of the more complicated aspects of a Colorado divorce. This is especially true when a case involves significant student loans, real estate, retirement accounts, or other financial obligations.
At The Drake Law Firm, we help clients understand the issues that may affect property and debt division during the divorce process.
If you have questions about student loan debt in a Colorado divorce or other financial issues related to your case, schedule a consultation with our team to discuss your situation and learn more about your options.