Polacheck v. Polacheck
Court of Appeals of Ohio
5 N.E.3d 1088 (2013)
Relevant factsFree
While David Polacheck (plaintiff) earned a six-figure salary, his wife Amy (defendant) incurred $40,000 in student loan debt for nursing school while staying home with their children; David divorced her shortly after she earned her degree and a $58,000 job. The trial court allocated the entire student loan debt to Amy with no offsetting property division, reasoning she alone would benefit from the degree, and Amy appealed.
IssueFree
Whether courts must consider spouses' relative ability to repay marital debt when allocating assets and liabilities, including student loans incurred near the end of the marriage.