My ex-husband encouraged me to drop out of college after a year, and now I’m struggling to repay my student loans. Is there anything I can do?
Question: I took out a student loan in 2006, but my ex-husband was very controlling, pushing me to drop out after a year. I’ve tried working with the servicer to lower the debt, but haven’t had any luck. Is there anything I can do?
Answer: First, it’s important to make sure you don’t neglect the emotional impact of this situation. Financial therapist Alex Melkumian, founder of the Financial Psychology Center in Los Angeles, recommends focusing on processing the psychological trauma associated with being in a financially abusive relationship. And Dr. Kirsten Thompson, board certified psychiatrist and founder of Remedy Psychiatry, says while there may not be much legal recourse in this situation, it can be a good reminder of your personal growth. “When we look back on our prior decisions, whether they be tolerating an abusive partner’s command to drop out of school, or something else, and we realize that we would have done things differently, if given the chance again, it’s a reminder of how much we have grown,” says Thompson. For 24/7 access to resources and support for anyone in an abusive relationship, visit the National Domestic Violence Hotline or call 800-799-7233 (SAFE).
Understand how the student loan was handled in the divorce
Certified family law specialist and former therapist David Glass recommends checking your Judgment of Dissolution, as the student loan should have been assigned or divided by the court to one of the parties at the time of dissolution, the same way assets are assigned or divided. Here is how student loan debt is typically handled in a divorce. “If you haven’t gotten formally divorced, then there is still time to ask the court to handle the issue of student loan debt,” says Glass.
Income-driven repayment plans and loan forgiveness
An estimated 40% of student borrowers have debt and no degree. “It’s more difficult for borrowers without degrees to repay their student debt. If you have federal student loans, you can access income-driven repayment plans, which tie payments to a portion of your income and extend the length of time you’re paying,” says Anna Helhoski, student loan expert at NerdWallet. These plans set the amount you pay each month to a portion of your income, which should make payments more manageable. “It’s a safety net, if you’re out of work for example, your payment would be zero dollars and after 20 to 25 years, the remainder of your debt is forgiven,” says Helhoski. This isn’t a perfect option, but it’s one that makes payments more manageable for most borrowers.
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While you’re probably responsible for paying off your student loan, Leslie H. Tayne, financial attorney at Tayne Law Group, says you may be able to get your federal student loan balance forgiven if one of the following situations apply: Your school closed within 120 days of you leaving, purposefully misled you, or engaged in misconduct or broke the law, or you’ve become totally and permanently disabled.
“If none of the above reflect your circumstances, you still have some options to ensure your loan doesn’t negatively impact your life,” says Tayne. If you worked for the government or a non-profit and made 10 years worth of qualifying payments under an income-driven repayment plan, you may be eligible for Public Service Loan Forgiveness. “You could also be eligible for partial or total Perkins loan forgiveness if you worked four to seven years in public service occupations such as law enforcement or teaching,” says Tayne.
If your monthly bill under an IDR plan is still too high, Tayne says you can ask your servicer for a deferment or forbearance to temporarily postpone payments. “With a deferment, interest will stop accruing on your balance but with forbearance, interest will keep accruing which increases what you owe — so think of it as a last resort,” says Tayne. This guide will help you figure out the difference between a deferment and a forbearance.
Should you consider refinancing?
With a private student loan, you have fewer options for more forgiving repayments and loan forgiveness. “It’s worth researching location-specific student loan assistance programs near you or applying for jobs with employers who offer student loan repayment assistance as an employee perk,” says Tayne.
Sometimes, borrowers can benefit from refinancing, but borrowers who are struggling financially probably won’t qualify for a private refinance, says Mark Kantrowitz, Author of Who Graduates from College? Who Doesn’t?. “If they do qualify, the benefit may be limited as the interest rates are based on the borrower and cosigner’s credit scores. A borrower who is struggling financially might not qualify for a lower interest rate because of a lower credit score and a lower fixed interest rate often requires a shorter repayment term which increases the monthly loan payment,” says Kantrowitz.
Questions edited for brevity and clarity.