Uncoupling, Kids and Paying for College
Don’t let your divorce derail your child’s higher education. Follow these suggestions to negotiate a fair plan for you and your ex to work together to keep your student on track.
Now’s the time of year when high school seniors are getting those much-anticipated letters from colleges. It can be a thrilling time for kids who get a “yes” from their dream schools. It can also be a scary time as students and parents contemplate how to pay for that dream.
If you started planning for your child’s education as soon as he or she was born – or even before – you’re not alone. Aside from their own retirement, it’s likely the biggest expense for which parents will ever save.
Divorce may alter how (and how much) you save for college, but it need not wreck your kid’s college dreams. Like so much involved in divorce, funding college in a fair and equitable way involves advance planning.
From just $107.88 $24.99 for Kiplinger Personal Finance
Become a smarter, better informed investor. Subscribe from just $107.88 $24.99, plus get up to 4 Special Issues
Sign up for Kiplinger’s Free Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Parents who are splitting up have several options to consider, whether their children are in diapers or closer to getting a diploma. Of course, the closer a child is to the pomp and circumstance, the more urgent it is that couples splitting up agree on how to handle paying for college. Here are some scenarios for divorced or divorcing parents to consider.
Both parents agree to a certain rate of monthly savings for tuition
The amount could be a percentage of current income, or it could be a set amount ($250 per month per child, for instance) that both parents agree to set aside for college in an account type of their choosing. You can stipulate that the monthly amount may increase over the years or keep it at the agreed-upon amount for the duration. It’s all about forethought and writing it into your agreement at the time you split.
A third, a third, a third
In this scenario, both parents each agree to pay for a third of a child’s college tuition, room and board with the last third being paid by the child – likely with student loans or scholarships. The child may be too young to understand the arrangement at the time of the parents’ divorce – and doesn’t need to know it until the time comes to talk about the expense of college and the ways families go about paying for it.
‘The UNC provision’
That’s how family lawyers in North Carolina, where I practice, informally refer to this option, which entails parents agreeing to split the cost – at the tuition and room and board rates at the time – of four years at the in-state university system’s flagship campus. But it works the same no matter what state you’re in. The child doesn’t have to attend UNC Chapel Hill (or the University of Tennessee or University of Nevada-Reno, etc.) but the idea is that parents plan and save for tuition at a public, in-state university. If, when the time comes, the child decides to forgo college or attend a less expensive community college or trade school – they have a financial leg up because their parents planned ahead.
If the child wants to go to a more expensive, private college, the family will have to decide how to handle that based on what has been saved. It could be that the difference is made up in student loans, or perhaps one or both parents are willing and able to pitch in more. The point is to have a reasonable goal in mind and to have both parents committed to and working toward that goal.
Tax-advantaged 529 accounts
The money in a 529 college savings account can be used for a host of educational expenses. In addition to college tuition, it might cover K-12 tuition, apprenticeship costs and student loan repayments. If you have a 529 plan set up for your child already, you need to know that it can’t be jointly owned by both spouses. It must be set up in one spouse’s name only.
But if parents divorce, each parent can open their own 529. If uncoupling parents choose this route, both Parent A and Parent B open 529s and agree to the amount each will contribute. There should be some type of accountability mechanism written into the divorce agreement to keep everyone honest and on track. In some cases, each parent sends the other a statement each quarter showing contributions made and the current balance.
Plan ahead for all contingencies
Let’s say you’ve done everything right and saved – one way or another – for your child’s college and are able to fund all or a portion of it, but Junior decides not to go. Or – and all parents can dream of this – Junior gets a full scholarship. It should be written into your agreement how that money gets dispersed and to whom. In the case of a 529 plan, there are rules to follow. But if you’ve saved outside of a 529, you may want to make some rules of your own. Could any leftover money roll from an older child to a younger child? Do you want to many any stipulations on how that money can be used? (For instance, it’s only for schooling; it can’t be used to fund a gap year.) Again, it pays to think through even unlikely scenarios and address them when you’re divorcing, rather than having to negotiate years down the road.
In addition, you want to make sure that your divorce agreement has recourse built in if one parent fails to live up to their end of the agreement. You may have to go to court to enforce it, just as you would if child support payments were to suddenly stop coming. College tuition and expenses are financial obligations and should be agreed to at the time of the divorce.
No matter which route you go, it’s important to talk to your kids, at the appropriate age, about the expense of college and expectations you have of the child if you’re funding or helping to fund their schooling. One of the expectations my parents set for me, well before I started applying to college, was that they agreed to be on the hook financially for four years maximum. If it took me longer to graduate, I knew I’d be funding those extra semesters. It was terrific incentive to ensure I finished in four years.
Having money banked for college gives your child options, and it’s always nice to have those. Your child may choose a community college, and that can be a smart place to start. Or your child may choose trade school – and that can be a great route as there will never be a shortage of need for skilled trades. But it’s definitely more liberating to be able have a financial plan to help fund your child’s choice, whatever it may be. Advance planning allows a better shot that you get to call the shots when the time comes.
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.
Tonya Graser Smith is a Board Certified Specialist in Family Law, licensed North Carolina attorney and founder of GraserSmith, PLLC, in Charlotte, N.C. She focuses her practice on divorce, child custody, child support, alimony, equitable distribution, prenuptial agreements and other family law matters.
-
Dow Adds 292 Points as Goldman, Nvidia Soar: Stock Market TodayTaiwan Semiconductor's strong earnings sparked a rally in tech stocks on Thursday, while Goldman Sachs' earnings boosted financials.
-
Why Public Markets Don't Look Like They Used To -
Turning 65 in 2026? Here Is Exactly How to Sign Up for MedicareWhether you’re months away from your 65th birthday or plan to work past retirement age, here are the steps to secure your Medicare coverage and avoid costly mistakes.
-
Is a Caregiving Strategy — for Yourself and Others — Missing From Your Retirement Plan?Millions of people over 65 care for grandkids, adult kids or aging parents and will also need care themselves. Building a caregiving strategy is crucial.
-
6 Financially Savvy Power Moves for Women in 2026 (Prepare to Be in Charge!)Don't let the day-to-day get in the way of long-term financial planning. Here's how to get organized — including a reminder to dream big about your future.
-
Private Equity Is Fundamentally Changing: What Now for Investors and Business Owners?For 40 years, private equity enjoyed extraordinary returns thanks to falling rates and abundant credit. That's changed. What should PE firms and clients do now?
-
I'm a Real Estate Expert: 2026 Marks a Seismic Shift in Tax Rules, and Investors Could Reap Millions in RewardsThree major tax strategies will align in 2026, creating unique opportunities for real estate investors to significantly grow their wealth. Here's how it works.
-
When Can Tax Planning Be an Act of Love? This Family Found OutHow can you give stock worth millions to a loved one without giving them a huge capital gains tax bill? This family's financial adviser provided the answer.
-
Forget Job Interviews: Employers Will Find the Best Person for the Job in an Escape Room (This Former CEO Explains Why)Escape rooms can give employers a better indication of job candidates' strengths than a standard interview. Here's how your company can get on board.
-
The Paradox Between Money and Wealth: How Do You Find the Balance?Wealth reflects a life organized around relationships, health, contribution and time — qualities that compound differently than money in a mutual fund.
-
Billed 12 Hours for a Few Seconds of Work: How AI Is Helping Law Firms Overcharge ClientsThe ability of AI to reduce the time required for certain legal tasks is exposing the legal profession's reliance on the billable hour.