A common question I get is whether a client who paid the soon-to-be former spouse’s student loan(s) is entitled to reimbursement. The Texas Family Code answers this question directly — “no,” a reimbursement claim for payment of the other spouse’s student loan(s) is prohibited by statute.
Other potential reimbursement claims that are prohibited by statute include the following:
- Payment of the other spouse’s child support, alimony or spousal maintenance obligation.
- Payment of the other spouse’s living expenses or living expenses of a stepchild.
- Payments or other contributions of property of “nominal value.”
“Nominal value” is not defined in the Family Code. The Texas Supreme Court determined no “right” to reimbursement exists. Whether the question is what constitutes “nominal value,” or the merits of any other reimbursement claim for that matter, is at the discretion of the Court.1
Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC. The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world. The firm specializes in Federal Civil Service and Military Divorce matters.
Note 1 – See Texas Family Code Section 3.409, Nonreimbursable Claims.