Who Pays for College After Divorce in Washington State?

Overview: Separating parents in Seattle and throughout Washington state, even those of young children, are often concerned about who pays for college after divorce and how expenses are shared. In Washington state, divorced parents aren’t automatically required to pay college costs. A court may order postsecondary educational support based on the family’s circumstances. Parents may also reach their own agreement. The answer to who pays is, thus, different for every family and depends on several factors.

Key Takeaways

• Washington does not automatically require divorced parents to pay for college.
• Courts may order postsecondary support based on the parents’ finances, the child’s needs, and other circumstances.
• Parents can agree on how to divide college costs in their divorce settlement.
• Planning ahead can help prevent future disputes, even when children are still young.

One of the questions many parents ask during a Washington state divorce is who will pay for their child’s college education. Whether your children are still in elementary school or getting ready to graduate from high school, it’s natural to think ahead about prep courses, testing, college visits, application fees, tuition, housing, books, transportation, and other education expenses.

The answer isn’t the same for every family. Washington courts don’t automatically require divorced parents to pay for college. Instead, judges look at the facts of each case and decide whether postsecondary educational support is appropriate. Parents also have the option of reaching their own agreement during their divorce.

If you’re divorcing in Seattle or anywhere in Washington state, planning for future college education expenses can prevent disagreements later. An experienced Seattle family law attorney can help you understand your options, negotiate a fair agreement, and protect your family’s financial future and children’s opportunities. Here’s what you need to know. 

Does Washington State Require Parents to Pay College Costs After Divorce?

Many parents assume their financial responsibility ends when their child turns 18. In Washington, that’s not always the case, and it won’t be required in every divorce. A court may order postsecondary educational support. Postsecondary educational support refers to financial contributions toward a child’s college, vocational, or technical education after the child reaches age 18 and graduated from high school, whichever event occurs last. 

When deciding whether post-secondary support is appropriate, Washington courts look at the financial circumstances of both parents, the child’s educational goals and ability, the family’s resources, and the standard of living the child would likely have enjoyed if the parents had remained together. Courts also consider whether the child has access to scholarships, grants, employment income, or other financial assistance.

Because every family is different, the outcome varies from case to case. That is why working with a Seattle divorce attorney can be valuable when college expenses may become part of your divorce.

What College Expenses Can Parents Be Expected to Share?

Paying for college involves much more than tuition. Therefore, a divorce agreement or court order should clearly define which expenses each parent will contribute toward so there’s less room for disagreement when the time comes.

Depending on the circumstances, college expenses may include:

• Tuition and fees
• Housing and meal plans
• Books and required course materials
• Computers and educational technology
• Transportation between home and school
• Health insurance and medical expenses
• Other reasonable education-related costs

The more specific an agreement is, the easier it becomes for both parents and the student to understand what each is expected to pay.

Can Parents Decide How College Costs Will Be Shared?

Yes. Many parents prefer to negotiate college expenses rather than ask a judge to make the decision for them. 

A negotiated agreement lets parents put a lot of thought into crafting terms that reflect their family’s unique financial situation and their child’s educational goals. They may agree to divide expenses equally, contribute based on income, limit contributions to the cost of a Washington public university, or establish academic requirements that the child must meet to continue receiving financial support.

Addressing these questions during the divorce can prevent future disputes after a child graduates from high school. An experienced Washington state family law attorney can draft language that delineates each parent’s responsibilities, reducing uncertainty in the years ahead.

What Happens If Parents Cannot Agree About Who Pays for College Costs After Divorce?

If parents cannot reach an agreement on college costs, the court will decide whether to order postsecondary educational support. As part of their decision-making, the judge will review the evidence presented by both parties and apply Washington law to determine what’s fair under the circumstances.

Financial information plays an important role in this. The court may examine each parent’s income, assets, financial obligations, and ability to contribute without creating unreasonable hardship. The child’s educational plans, academic performance, and eligibility for financial aid may also influence the outcome.

Preparing complete financial information and presenting a thoughtful case can make a meaningful difference in outcomes. To this end, a Seattle family law attorney can help you gather supporting documentation and advocate on your behalf.

Why Planning for College Costs Post-Divorce Is Important

Even if your children are a few years away from college, discussing future education expenses during your divorce can save time, money, and conflict down the road. Doing so also gives both parents the opportunity to make informed financial decisions as they negotiate their overall settlement. For families with children who are very young, such as infants or children still in primary school, the court can reserve the issue to be determined when the need for post-secondary support becomes more apparent, and the finances and factual circumstances that will apply are better known.

For families throughout Seattle and Washington state, college costs are often among the largest expenses they will face after divorce, if not in their lifetimes. Creating a clear plan for paying for college now can provide greater certainty when it’s time to apply to colleges, seek financial aid, and decide how expenses are going to be allocated.

Talk to a Seattle Divorce Lawyer About College Costs in Your Washington State Divorce

If you have questions about college expenses during separation and after divorce, an experienced Washington state family law attorney can explain how the law applies to your family’s circumstances and help you develop an agreement that supports your child’s future.

At Elise Buie Family Law, our team of Seattle family law attorneys has extensive experience negotiating agreements around college costs. Many members of our team have also helped their own children through the college application and enrollment process, giving us firsthand insight into the expenses families incur before and after a child begins college. For divorce support specific to your situation, call us today or schedule a convenient time to speak. 

Frequently Asked Questions

Should parents with young children address college costs during divorce?

In many cases, yes. Discussing future educational expenses during your divorce negotiations can reduce uncertainty and help you avoid disputes or surprises years later.

Does Washington require divorced parents to pay for college?

No. Washington courts may order postsecondary educational support, but there’s no automatic requirement that divorced parents pay college expenses.

Can a Washington court order parents to pay for college after a child turns 18?

Yes. A Washington court may order one or both parents to contribute to a child’s college costs after age 18 through postsecondary educational support, depending on the family’s circumstances.

Can college expenses be included in a divorce settlement?

Yes. Parents can negotiate how future college costs will be shared and include those terms in their divorce agreement.

Does child support automatically continue through college?

No. Child support and postsecondary educational support are separate issues under Washington law.

Will scholarships affect how college costs are divided?

They can. Washington courts consider scholarships, grants, and other financial aid when determining how college expenses should be shared.

Can parents limit how much they will contribute by agreement?

Yes. Parents may agree to cap their contributions or limit them to certain colleges or educational expenses, provided the agreement complies with Washington law.

What happens if my financial situation changes before my child starts college?

Depending on the terms of your agreement or court order, a substantial change in circumstances may affect future obligations. A Seattle divorce attorney can review your situation and explain your options.