Divorce and Student Loan Debt in Washington

In Washington, student loan debt is not automatically treated the same way in every divorce. While the state follows community property principles, meaning that debts incurred during marriage are often shared, courts also consider who benefitted from the education and how the loan proceeds were used.

• Before Marriage: Student loans taken out before marriage are most often considered separate property.
  
  
• During Marriage: Loans taken out while married may be considered community, especially if the funds were used to support the household in addition to paying tuition.
  
  
• Mixed Use: If the loan covered living expenses for both spouses, courts may treat some or all of it as a community obligation.

Who Pays the Debt After Divorce?

Unlike credit cards or mortgages, student loans often stay with the spouse who took out the loan. However, Washington courts have discretion. They may order both parties to share the debt if:

• The other spouse benefitted from the education (e.g., increased household income).
  
  
• Community funds were used to repay the loans during the marriage.
  
  
• The loan supported family expenses beyond tuition.

Impact on Property Division

Courts aim for an equitable division of all assets and debts. If one spouse takes responsibility for significant student loan debt, the other may receive less overall debt or fewer offsets against property. And, remember, Washington judges have the authority to split assets and debts however they believe is fair and equitable. In other words, even if a student loan was acquired as a separate debt, a Washington judge can make financial decisions related to that debt in addition to community property.

Planning Ahead

If you or your spouse has student loans and you are facing divorce, consider:

• Gathering detailed loan records, including when the loans were taken out and how funds were used.
  
  
• Reviewing payment history to see if community funds contributed to repayment.
  
  
• Being prepared for negotiation, as courts often weigh student loans differently from other debts.

Protecting Your Financial Future

Student loan debt can affect your financial stability long after divorce. Understanding how Washington courts handle these cases will help you prepare for fair negotiations.

At Magnuson Lowell, P.S., we guide clients through complex financial issues in divorce, including the division of student loans. Call us today 425-800-0582 for a free telephone case evaluation to learn how we can help protect your financial future.

Sports, music lessons, tutoring, and other extracurricular activities are often a big part of a child’s life. When parents divorce, deciding how to handle these activities can become a source of conflict. A well-drafted parenting plan should address extracurriculars to avoid future disputes and ensure children continue benefiting from the activities they love.

Who Decides on Activities?

In Washington, decision-making authority can be joint or sole in specific areas such as education, health care, or even religious upbringing. Often, each parent is responsible for extracurricular activities during their residential period. That being said, some Parenting Plans will require joint decision-making for activities.

Common Disputes About Extracurriculars

Parents often disagree about:

• Which activities the child should participate in
  
  
• The time commitment required, especially if it interferes with one parent’s residential time
  
  
• The cost of activities and who should pay
  
  
• Whether the activity is in the child’s best interests

Addressing Costs

The Parenting Plan might grant authority to make decisions about activities, but those costs are more likely determined in the Child Support Order. Washington child support orders don’t automatically cover every extracurricular expense, but parents can agree to divide costs or request that the court include activity expenses in a support order. Clarity about who pays what is essential.

Scheduling and Parenting Time

One of the most common conflicts is whether practices, games, or rehearsals interfere with a parent’s scheduled parenting time. Parenting plans should outline:

• Whether both parents are expected to transport the child
  
  
• If activities can occur during the other parent’s time
  
  
• Whether either parent can add or remove activities without the other’s consent

Best Practices for Parents

• Communicate early about activities and schedules.
  
  
• Keep the child’s interests first, not parental convenience.
  
  
• Document agreements in writing to avoid misunderstandings.
  
  
• Stay flexible understanding that kids’ interests and schedules change over time.

Work with an Attorney for Clarity

Addressing extracurricular activities upfront can prevent unnecessary conflict later. At Magnuson Lowell, P.S., we help parents draft and negotiate parenting plans that account for real-life needs, including sports, lessons, and other activities. Contact us today for a free telephone case evaluation 425-800-0582 to ensure your plan works for your family.

Divorces in Washington can take several months, or longer, to resolve. During that time, couples often need rules in place to manage finances, custody, and living arrangements. That’s where temporary orders come in. These court orders provide structure while the case is pending, ensuring stability until a final decree is entered.

What Can Temporary Orders Cover?

Temporary orders can address a wide range of issues, such as:

• Parenting Plans: Who the children live with and how visitation is structured.
  
  
• Child Support: Ensuring children’s expenses are covered during the case.
  
  
• Spousal Maintenance (Alimony): Helping one spouse maintain financial stability.
  
  
• Use of the Family Home: Deciding who remains in the marital residence.
  
  
• Bill Payments and Debts: Assigning responsibility for ongoing financial obligations.
  
  
• Restraining Orders: Preventing the sale or transfer of assets or protecting against harassment.

Why Temporary Orders Matter

Temporary orders are not permanent, but they can set the tone for the entire case. While they’re not supposed to, Judges may consider the arrangements established in temporary orders to some degree when making final decisions. For example, a temporary parenting plan may influence the final custody schedule if it has worked well for the child.

How to Request Temporary Orders

To obtain temporary orders, one spouse files a motion with the court and provides supporting declarations and financial records. The other spouse has an opportunity to respond, and a judge will hold a short hearing to decide the temporary arrangements.

Tips for Success in Temporary Order Hearings

• Be Organized: Present clear evidence of your financial needs or parenting strengths.
  
  
• Stay Child-Focused: If custody is at issue, prioritize what benefits the children.
  
  
• Be Realistic: Courts want fair, practical solutions—not extreme demands.
  
  
• Follow the Orders: Compliance builds credibility with the judge for the rest of your case.

Get Legal Support Early

Temporary orders can have a lasting impact on your divorce. At Magnuson Lowell, P.S., we help clients prepare persuasive arguments and protect their rights from the start. Contact us today for a free telephone case evaluation 425-800-0572 to learn how temporary orders may apply in your Washington divorce.