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Can co-signer sue primary borrower if there is a divorce agreement?

I live in Florida. I stupidly co-signed a student loan for my then wife for around $2600. We ended up getting divorced about a year afterwards. We did a simple divorce and listed our seperate debts/responsibility. I made sure that the $2600 was listed as her responsibility. This was signed by both of us and is part of our divorce record. She paid the half of the loan and is now in deliquency. I have the funds to pay it off from keeping my credit from tanking. Considering the divorce agreement, is it worth it to sue for the balance of the loan? I realize I made a mistake, but I at least would like to try something.

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Attorney answers (1)

Reputation Level 9
You can reopen the divorce case and try to get lost money back from your ex. But what will she pay the money from if she is broke? You may want to wait till she has some money.

Attorney Howard Iken
The Divorce Center
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www.1888ForMyDivorce.com


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