Written by Martin J. Young, former correspondent of Asia Times
Question: My parents decided to divorce. I have to know if this will change my financial aid eligibility.
Answer: Life at college is stressful enough without the turmoil of parental divorce. Unfortunately, divorce is quite common. Although it has fallen in recent years the chances of a marriage ending in divorce are still close to 50%.
Parents often stay together, in many cases unhappily, for the sake of children. They often wait to divorce until you have completed moving or finished your studies. If they divorce now, it raises questions regarding which parent will pay your tuition and your eligibility for financial aid.
Your financial aid situation does change, possibly to your advantage. Federal Student Aid is often calculated based on the financial status of your parents. If they are divorced, it will be adjusted to take into account the financial information of your custodial parent, the one you live with over 50% of the time.
The financial status of your other parent, the non-custodial one, is not taken into consideration. As a result, you may be eligible for more benefits under FAFSA. Increased financial aid may ensure a greater chance of completing your education. Sadly, choosing the parent with the lower earnings as your custodial parent will ensure that you maximize your financial aid.
Legally, you can submit a college support agreement at the time of the divorce. This will protect since it specifies which parent is responsible for your college expenses. It can also be used to allocate expenses, so that one parent pays towards tuition and the other student housing for example.
If your parents saved for your college, this is usually protected, and you should discuss it with them. A decision must be made which parent takes control of the account holding your college funds. It is better if the non-custodial parent manages the account, then it does not have to be included in your federal student aid application.
Your parents will need accounting and legal advice on which one should claim you as a dependent. College expenses are considered child support, and the regulations governing their legal obligations vary by state. Some states such as Washington and Utah allow a court to order the non-custodial parent to contribute to college. Other states such as Alaska and New Hampshire only require a parent to pay if they have a previous agreement.
Courts will generally try to prevent one parent being unfairly saddled with the bulk of your college expenses. In this instance, you need to work as a family to maximize your eligibility for financial aid.
Sometimes divorce is better than marriage… Sumner Redstone.