Top Considerations When Planning for Your Child’s College Expenses in Divorce

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Divorce is rarely an easy decision, especially when minor children are involved. If you’ve decided that a split is for the best, financial planning for your child’s future, including their college education, will likely be a priority. Here are some key things to keep in mind when addressing college expenses during a Virginia divorce.

The Judge Can’t Make You Pay for College

No matter what your spouse says, a family law judge cannot require you to pay for your child’s college tuition. However, the court can enforce any prenuptial agreement or other contract you have with your spouse that outlines responsibility for college expenses. Without such an agreement, neither parent is legally obligated to pay for college.

What If We Agree to Pay?

If you and your spouse agree to contribute to your child’s college expenses, it’s crucial to clearly define what those expenses will cover. Here are a few questions to consider:

  • Will you cover just tuition, or all expenses (room/board, books, supplies, entertainment)?
  • How will the costs be split between you and your spouse?
  • Will one parent cover tuition and the other cover other expenses, or will you share the costs equally?

Once you’ve reached an agreement, make sure your marital settlement agreement accurately reflects these details. If you’re unclear about the language of your agreement, ask your attorney for clarification. Once signed, the agreement becomes legally binding and difficult to alter.

What About the Child’s Responsibilities?

While supporting your child’s education is generous and responsible, you may want to set certain conditions on your financial contributions. For instance, you may want to place restrictions based on:

  • The school your child chooses to attend,
  • Their choice of major or field of study, or
  • Maintaining a minimum grade point average (GPA).

If these conditions are not included in the agreement, you won’t be able to use them as reasons not to pay later.

Consider Your Savings and Resources

It’s essential to think carefully about how much you’re committing to in terms of future college expenses. Financial circumstances can change unexpectedly. Though your agreement might be modified later, proving a significant material change in circumstances is difficult, particularly if those changes could have been foreseen when the agreement was signed.

Before locking yourself into an agreement, consider your current and future financial resources. It’s always possible to contribute more to your child’s expenses when they’re in school and you have the means to do so.

Conclusion

Planning for your child’s college education is just one of the many factors to consider during a divorce. If you’re currently going through or considering divorce, the family law attorneys at the DiPietro Family Law Group can help guide you through the process. With decades of experience handling family law issues in Northern Virginia, Maryland, and Washington, DC, our attorneys are here to assist you.

Contact us today for a consultation at (888) 530-4374.

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