Congress Sends the Joint Consolidation Loan Separation Act to the President
From Jan. 1, 1993, until June 30, 2006, married couples
were able to combine their student loan debt into joint consolidation loans. Both
borrowers agreed at the time to be jointly liable for repayment. In practice,
this proved to be problematic if one of the parties ever wanted to separate the
loans because of marital separation due to abuse or abandonment, leaving that
party with the responsibility to repay the debt with no legal options to separate them.
The bipartisan Joint Consolidation Loan Separation (JCLS) Act,
S. 1098, will allow borrowers to submit an application to the
Department of Education to split the joint consolidation loan into two separate
federal direct loans. The joint consolidation loan remainder (unpaid principal,
outstanding charges and fees and accrued unpaid interest) will be split proportionally
based on the percentages that each borrower originally brought into the loan.
The two new federal direct loans will have the same interest rates as the joint consolidation loan.
The legislation would allow two borrowers to submit a joint
application to sever their joint consolidation loan or allow one borrower to submit
a separate application in certain circumstances. Those separate applications would be available when:
•One borrower is the victim of domestic or economic abuse,
•One borrower has certified they are unable to reasonably
reach or access the loan information of the other borrower or
•An
individual application is deemed appropriate by the Secretary of Education.
President Biden supports the legislation and is expected to sign it.