The average Canadian student graduates with roughly $28,000 in student loan debt. For professional school graduates (law, medicine, dentistry, MBA), that number can climb above $100,000. Now imagine one partner carries $80,000 in student debt while the other is completely debt-free. They fall in love, get engaged, and start planning a life together.
Should the debt-free partner be worried? And can a prenup help?
How Ontario Treats Pre-Marriage Debt
Here’s the good news: under Ontario’s Family Law Act, debts brought into the marriage by one partner generally remain that partner’s responsibility. You are not automatically liable to a lender for your spouse’s student debt simply because you marry. However, pre-marriage debt can still affect equalization under Ontario’s Family Law Act. Because net family property compares a spouse’s net worth at marriage with their net worth at separation, debt existing at the date of marriage can affect the ultimate equalization calculation.
But here’s the nuance. While you’re not legally responsible for your partner’s pre-marriage debt, the debt still affects your shared financial life. Monthly loan payments reduce the household’s disposable income. They affect your ability to qualify for a mortgage together. They can create stress and resentment if one partner feels they’re subsidizing the other’s debt repayment.
When Student Debt Gets Complicated
The picture changes if your partner takes on additional student debt during the marriage, for example, to pursue a professional degree. In that scenario, the new debt is accumulated during the marriage and may affect the equalization calculation differently. The degree itself may also increase the partner’s future earning capacity, which can factor into spousal support considerations.
Another complication arises when the debt-free partner helps pay down the other’s student loans during the marriage. If you use your income or savings to pay off your partner’s pre-marriage debt, you’ve effectively transferred wealth from your side of the ledger to theirs. Without a prenup addressing this, there’s no mechanism to recoup that contribution if the marriage ends.
What a Prenup Can Do
A marriage contract can address student debt in several practical ways. It can confirm that pre-marriage student debt remains the responsibility of the borrowing partner. It can specify that if one partner helps pay down the other’s student loans, that contribution will be credited in the equalization calculation. It can outline how new educational debt taken on during the marriage will be treated. And it can address the earning-capacity boost that comes from the degree funded by that debt.
These provisions are especially important for couples where one partner is still in school or plans to return to school during the marriage. The financial dynamics shift significantly when one person is earning and the other is studying, and a prenup can ensure both partners are protected during that transition. For more on how the I Do Prenup platform handles debt, visit How It Works.
The Conversation About Debt
Student debt is one of the most common financial topics that couples avoid. The partner with debt may feel ashamed or defensive. The partner without debt may feel uncomfortable bringing it up. But transparency about debt is a non-negotiable part of a healthy financial partnership. Full and accurate financial disclosure is extremely important when entering into a marriage contract. A failure to disclose significant assets, debts or liabilities is one of the grounds on which a court may later set aside the agreement. Having this conversation early, and addressing it in writing, prevents small resentments from growing into major conflicts. For more on why financial transparency strengthens relationships, read Talking Money Before Marriage: Is a Prenup the New Engagement Ring?.
The Back-to-School Angle
If your partner is heading back to school this fall, the timing is perfect to address education-related finances in your prenup. Who pays for tuition? How will living expenses be handled during the study period? How does the new degree affect spousal support calculations? These are questions best answered before classes start, not after the degree is complete and the marriage is under strain.
Address debt before it becomes a problem. Start at I Do Prenup.
Frequently Asked Questions
Q: Am I responsible for my spouse’s student loans in Ontario?
Generally, no. Pre-marriage debts remain the responsibility of the partner who incurred them. However, they affect your shared financial life and should be addressed in a marriage contract.
Q: What if I help pay off my partner’s student loans?
Without a prenup, there’s no automatic mechanism to recoup those contributions if the marriage ends. A marriage contract can specify that such payments are credited in equalization.
Q: Can a prenup cover future student debt?
Yes. A prenup can specify how educational debt taken on during the marriage will be treated, including tuition, living expenses, and the resulting earning capacity.