I am sorry for your situation.  Community debt is supposed to be divided in a fair and equitable way which usually means that the awards are equal. Your argument here is that the separate debt of the student loans of your husband were paid with community property (money) during the marriage and that your debt was left out there to gain interest.  So if his loans were paid with community assets then you need to have a set off for at least that amount to pay off your student loan.  What you need to do is to go and see an attorney in your area on the matter and to ask how the courts will indeed decide this matter.  Good luck.