College Expenses in Divorce: What Parents Need to Know

 Posted on July 08, 2025 in Family Law

 College Expenses in Divorce: What Illinois Parents Need to Know

One of the most complex and emotionally charged financial issues divorced or divorcing families face is determining how to handle the cost of a child’s college education. While child support obligations typically conclude when a child turns 18 or graduates from high school, college expenses occupy a legal gray area—unless you live in a state like Illinois, where the law specifically addresses this issue.

If you are in the process of divorce or reviewing your parenting plan in Illinois, understanding your legal rights and obligations is essential.

Are Divorced Parents in Illinois Required to Pay for College?

Yes—under Illinois law, courts can order divorced or unmarried parents to contribute to their child’s college expenses. This authority comes from Section 513 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513), which allows courts to allocate costs related to post-secondary education, even after child support has ended.

This includes, but is not limited to:

• Tuition and fees ;Housing (on-campus or off-campus); Books and supplies; Medical and dental insurance; Living expenses; and Reasonable transportation costs.

The court considers several factors in determining each parent’s contribution, including:

• The financial resources of both parents; The standard of living the child would have had if the marriage had not dissolved; and The child’s financial resources and academic performance.

⚖️ Legal Insight: Illinois courts can order college cost contributions without prior agreement, but it’s clearer and enforceable if addressed in the divorce.

Why College Expenses Should Be Addressed in the Illinois Divorce Agreement

While courts can impose college expense obligations, it’s best to address them upfront in the divorce agreement to avoid disputes. Specify covered costs, contribution limits (often based on UIUC tuition), duration of support, and conditions like GPA or full-time enrollment.

What if College Costs Aren’t in the Divorce Agreement?

If not addressed, either parent can petition under Section 513. Courts will consider both parents’ finances, the child’s academics, prior standard of living, and available financial aid.

⚠️ Important: While courts can impose obligations post-decree, initiating this conversation earlier provides clarity, and avoids contentious and costly litigation.

Divorce and Financial Aid: FAFSA and the CSS Profile

FAFSA considers only the custodial parent’s finances, based on where the child lived most in the past year. The CSS Profile, used by many private colleges, may require financial information from both parents, regardless of custody.? Tip: A coordinated approach to financial aid planning can help reduce the out-of-pocket burden for both parents and maximize student eligibility for grants, loans, and scholarships.

Practical Strategies for Illinois Parents

Whether divorcing or updating a parenting plan, address college costs early. Include clear terms and modification language to account for future financial changes. Set realistic expectations with your child, and encourage them to explore scholarships and financial aid to minimize out-of-pocket expenses.

Final Thoughts

College costs remain a major financial obligation post-divorce. Illinois law allows courts to allocate expenses, but proactive agreement is preferable.

Clear planning today can prevent costly disputes tomorrow and ensure your child’s educational future is supported with fairness and clarity. Contact the Law Offices of Tedone & Morton, PC at 815-666-1285 today!