Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced legal professional.
Once you’ve made a decision to divorce you might feel ready to break free from your spouse. Unfortunately, you are still tied to your spouse through your kids. What’s more, there are big expenses coming up. Your kids may be approaching college age, or perhaps your spouse wants to send them to an expensive private school. You know you can’t pay for your child’s education alone.
Education can bring up a lot of conflict. The spouse who earns more might have resentments about being financially responsible for college savings. The lower earning spouse might find it more difficult to be equally responsible for college fees. The important thing to remember is that you are financing a large expenditure, and you can collaborate to make it work better for you.
When you mediate your divorce with mediators who have financial expertise, divorce can actually be a good deal for you both. The complexity of financing college may be more confusing and taxing than the expense itself. At Divorce Options San Diego we work with California couples getting a divorce in cities like San Diego and LA, where parents have to navigate high living expenses and education fees. We are accustomed to helping divorcing couples make decisions about money, scheduling and working together as co-parents. We help people getting a divorce to optimize their financial situations and streamline the form-driven California divorce process. We are a full service firm who can help you manage the documentation throughout divorce.
Obligations, Obstacles and Opportunities
One thing that’s important to remember about getting divorced in California is that parents are not legally obligated to pay for their children’s college expenses. Children are considered independent adults when they leave high school or after the age of 19. For this reason alone, it’s better to work out an agreement in mediation about how to pay for college rather than getting into a fight with your spouse that you might not win. Figuring out how to pay for college doesn’t have to be a roadblock, it can be a planning opportunity that can improve the family’s future. Some challenges and opportunities you may face include:- Ensuring that the parent who has paid child support isn’t over-burdened with the cost of an expensive school. On the other hand, understanding that a lower-earning parent can actually make college less expensive, as the solo custodial parent may qualify for federal aid.
- Ensuring that your values line up with your abilities to pay for education. Parents may want to send kids to private school, but it might not be financially feasible. On the other hand, the Tax Cuts and Jobs Act has made it possible to pay for a child’s K-12 education from college savings plans. And if a child really wants to go to their chosen school, they might surprise you by getting a scholarship.
- Being mindful of the cost but taking advantage of college savings plans and any financial assistance. If you have more than one child you can also plan how to spread the cost between your children, or allocate funds to the next child if one child gets a scholarship. It’s important to remember that college savings accounts can be used for other expenditures. Your divorce agreement should specify that certain funds are used for college. In mediation you can feel reassured that you know how college is funded and have agreed to be transparent about spending on your child’s future.