How to treat the post-separation portion of a student loan that was incurred prior to the date of separation?

Nova Scotia, Canada


The following excerpt is from Jovcic v. Jovcic, 2005 NSSC 183 (CanLII):

I have no difficulty concluding that the portion of the debt that was incurred prior to separation is a matrimonial debt (see Schaller v. Schaller [1993] N.S.J. No. 128 (N.S.C.A.)). How the post‑separation portion should be treated is less clear. The wife entered her two year program prior to the date of separation with the consent of the husband and it was intended at that time that she would complete the two year course of studies and that her costs were to be financed by way of student loans. However, the loan for her second year was signed solely by the wife and was signed after the date of separation. As impractical as it may have been at the time, the wife could have withdrawn from the program and not incurred the debt.

Other Questions


Can a company that runs a hostel for male students change its memorandum of association to exclude "dominion students of European origin"? (Nova Scotia, Canada)
What is the test for combining two separate actions? (Nova Scotia, Canada)
Can Lot 2 be sold for taxes owing on other lands separately assessed? (Nova Scotia, Canada)
What is the current state of the law in the US when it comes to limiting the scope of a plaintiff’s discovery of evidence in a separate proceeding? (Nova Scotia, Canada)
Can a married couple live separate and apart while still occupying the same residence? (Nova Scotia, Canada)
What is the test for the proposition that a conveyance of land previously conveyed by a prior recorded deed conveys nothing? (Nova Scotia, Canada)
What is the effect of a motion to strike or strike portions of an affidavit from a party in a civil matter? (Nova Scotia, Canada)
Can a wife set aside the value of the matrimonial home under a separation agreement where she relinquished her interest in the home to the husband? (Nova Scotia, Canada)
Can a deposit-taking corporation obtain a portion of a debtor’s wages pursuant to Order 79 of the Bankruptcy and Insolvency Act? (Nova Scotia, Canada)
What is the test for determining who is the weaker bargaining portion in a motor vehicle accident claim? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.