Family law hecs debt question

[Al1976]

Hi,
My ex wife has a hecs debt, she got prior to when we had met 27 years ago. We met in her final year at uni, studying a bachelor of early childhood and weeks after we met she left her study and never resumed it. She didn’t work for the first 12 yrs of our 25 year relationship, she raised our 2 children. When she did start to work she worked as a cleaner and never earns enough to pay her hecs debt down so it accumulated. She then went back to study accounting about a year before our separation while still studying part time and working as a cleaner. We have now been separated for 20 mths or so and she is still studying but since our separation has gained employment in an accounting firm whilst getting her degree. She is saying that I am liable for half of all of her hecs debt even though none of it has or ever will benifited our family in any way. Can anyone please shed some light on my rights. I have never studied or had any help/ hecs debt.
Thanks

 

[CSFLW]

Hi Al

HECS debts are a grey area.

In basic terms, the courts have looked at HECS debts in two ways:

1. A personal liability; and
2. Joint liability.

There are many factors that are considered, but the basic factors are:

1. Did the degree the wife/husband obtain during the marriage benefit the family because of the increase in income related to the degree (joint liability); and

2. Did the wife/husband work to support the wife/husband to obtain the degree during the marriage but the family did not benefit from the degree (personal liability).

The above is a very simple analysis, and should not be relied upon as legal advice in your case.

If you want detailed legal advice email: [email protected].

 

[Atticus]

As outlined in post above, she has to establish that the course/s related to the HECS had a financial benefit to your relationship, which appears unlikely. Certainly not 50% of it anyway.

I would invite her to demonstrate what benefit it bought to the relationship either financially or otherwise. Perhaps is she sits down and puts some thought into that she may realize that there hasn't actually been any.