There are few prouder moments for a parent than sharing the joy of a college acceptance letter. Whether a Big Ten school, Ivy League or other opportunity, heading off for higher education is more than just an amazing experience — it is also a significant expense. Navigating this expense is particularly difficult for divorced parents. Thankfully, Illinois law has tools to help parents in this situation navigate this tricky issue.
Illinois Section 513: An important legal tool for parents of college students
Illinois stands apart from most states by requiring divorced parents to contribute to college expenses. This is achieved through Section 513 of the Illinois Marriage and Dissolution of Marriage Act which can serve as a reservation, a provision that allows courts to allocate higher education costs between parents, even after parents finalize the divorce.
Section 513 applies when your child is still in high school or it is reasonable to expect college attendance. Courts consider multiple factors including each parent’s financial resources, the child’s academic performance and the type of lifestyle your child would have had if the marriage remained intact. It is important to note that timing matters. Waiting too long to ask the court to use this tool can backfire.
Protecting your 529 plan during divorce
College savings accounts require careful handling during divorce proceedings. The following strategies can help preserve these funds:
- Designate the 529 plan explicitly for educational purposes in your settlement agreement
- Request that the courts not divide the account as a marital asset but allow it to remain intact
- Establish clear terms about who controls investment decisions and withdrawals
- Include provisions preventing either parent from changing beneficiaries without consent
These protective measures help to better ensure that money saved for tuition remains available for tuition, not diverted to other divorce-related financial settlements.
Creating binding college contribution agreements
For parents divorcing while their children are in high school and considering college, it can help to include provisions addressing funding in the divorce agreement. A well-structured agreement can address various factors, potentially including:
- The percentage each parent will contribute toward tuition, room and board, books and fees
- Whether contributions cover in-state public schools only or extend to private and out-of-state institutions
- How merit scholarships and financial aid affect each parent’s obligation
- The duration of support and any academic performance requirements your child must maintain
By addressing these details now, you eliminate future litigation when acceptance letters arrive and tuition bills come due.
Moving forward with confidence
Divorce does not have to derail your child’s educational future. Illinois law provides meaningful protections for college-bound children of divorced parents. By understanding Section 513, protecting existing savings and creating comprehensive contribution agreements, you can help to better ensure your teenager’s college dreams remain funded. Working with an experienced family law attorney helps you structure these agreements properly, giving both you and your child the certainty you need during an uncertain time.