One of the most common questions I hear from divorced parents is some version of “Is he going to help pay for college, or is this all on me?” It usually comes up when a child is a sophomore or junior in high school. The campus tours start, and suddenly tuition feels very close.
The short answer in California is that neither parent is legally required to pay for college unless they agreed to it, usually in the marital settlement agreement. Child support ends at 18, or at 19 if the child is still a full-time high school student. After that, paying for college depends on three things: what the two of you put in writing, what each of you can afford, and how the financial aid system views your family.
That last part matters more than most parents realize, because the FAFSA rules for divorced families changed recently. Much of what you’ll find online is based on the old system, and so is much of what other parents at school pickup will tell you.
Most of the parents I work with are women in their 40s and 50s who are paying for college, helping aging parents, and rebuilding their own retirement savings all at once. College is rarely just a college decision. It affects your cash flow, your taxes, your retirement, and sometimes your relationship with your ex, so it’s worth thinking through as part of the whole picture.
Are divorced parents in California required to pay for college?
California is one of the states that does not require divorced parents to pay for college. Under California Family Code Section 3901, child support continues until a child turns 18. If the child is still a full-time high school student, it continues until they finish 12th grade or turn 19, whichever comes first. A court can’t simply order a parent to cover tuition because the child is heading off to school.
The law does let parents agree to more. If your marital settlement agreement says both parents will contribute to college, that agreement is generally enforceable like a contract. This is why the wording of your settlement is so important. “The parties will share college costs” sounds reassuring, but it leaves a lot of questions open. Which costs? Which schools? In what proportion? Until what age? What if one parent loses their job?
Many parents assume college support is automatic, often because it is in the state where they grew up or where a friend divorced. Some states do allow courts to order it. California doesn’t, so if it isn’t in your agreement, it isn’t required.
What if our settlement doesn’t mention college, or the language is vague?
This is the situation I see most often. One client came to me a few years after her divorce, when her daughter was starting her junior year. Her settlement had a single sentence saying both parents would “contribute to college expenses as they are able.” Since then her ex-husband had remarried and bought a larger home, and he felt he was no longer “able” to contribute much at all. The agreement never defined what “able” meant, so there was very little to enforce.
If you’re still in the middle of a divorce, this is the time to get specific. Strong college provisions typically spell out:
each parent’s percentage
what counts as a college expense, such as tuition, housing, books, travel, or a car
whether there’s a cap, such as the cost of a UC or CSU school
how existing 529 accounts will be used first
how long the obligation lasts
I go into how to pressure-test a settlement before signing in my post How Do I Know If My Divorce Settlement Is Actually Fair?
If you’re already divorced and the agreement is silent or vague, you still have options. Some parents negotiate a written side agreement once college is close and both can look at real numbers. Others go back to their family law attorney about modifying the agreement. And some simply plan as though they’ll pay the full amount, then treat any contribution from the other parent as a bonus. That last approach isn’t always fair, but it is often the least stressful way to build a plan you can actually rely on.
Whose income counts on the FAFSA after divorce?
This is where the recent change matters. The FAFSA used to look at the parent the student lived with most of the time. Now it looks at the parent who provided more financial support over the past 12 months. If both parents provided exactly equal support, or neither provided any, the parent with the higher income and assets completes the form. The FAFSA calls this person the “contributor.”
For many families, this reverses the old logic. Picture a mom in Irvine whose son lives with her most of the year. His dad earns considerably more and pays for private school tuition, car insurance, and summer camp. Under the old rules, only mom’s income would have gone on the FAFSA. Under the new rules, if dad provided more financial support, his income and assets may be the ones that count, which could meaningfully change the aid picture.
Only the contributor parent’s information goes on the FAFSA. The other parent doesn’t fill out any part of it. That sounds simple, but it means you’ll want to figure out which parent is likely to be the contributor well before senior year, since the answer affects how much need-based federal aid your child might receive. If you aren’t sure how support would be measured in your situation, ask the school’s financial aid office. It’s also worth walking through the official FAFSA parent tool on StudentAid.gov together with your student.
Does remarriage change financial aid?
It can. If the contributor parent has remarried, the FAFSA generally includes the stepparent’s income and assets too, even though a stepparent has no legal duty to pay for college. This catches a lot of families off guard. A remarried mom with a modest income may suddenly look much more able to pay on paper, because her new husband’s income is now part of the calculation.
That doesn’t mean remarriage is a financial mistake. It means the timing and the conversation matter. If you’re remarried or planning to be, it helps to talk openly with your spouse about whether he expects to contribute to your children’s college costs. It also helps to know how the financial aid formula will treat your household before your student applies.
What about the CSS Profile and private colleges?
The FAFSA determines federal aid. Many private colleges, and some selective public universities, also use the CSS Profile to award their own aid. The College Board runs the CSS Profile, and it works differently for divorced families.
Many schools that use it require information from both biological parents, not just the contributor parent. The other parent completes a separate noncustodial parent profile. You and your student can’t see their information, but the college can. These schools take the view that a divorce doesn’t end either parent’s ability to contribute, regardless of what the settlement says.
Waivers exist, but they’re narrower than most parents expect. Schools may consider waiving the other parent’s information when there has been no contact or support, when a legal order limits contact, or when there’s a history of abuse. A parent who simply refuses to fill out the form usually doesn’t qualify. Neither does a divorce decree saying a parent isn’t responsible for college costs. Each school makes its own decision, and some use their own form instead of the College Board’s noncustodial parent waiver request.
If your student has private colleges on the list, this is one of the most important things to understand early. An ex who won’t cooperate can hold up a school’s aid package, and in some cases a student isn’t considered for school-based aid until both profiles are in.
What happens to a 529 plan owned by my ex?
A 529 plan is a tax-advantaged account for education savings. It’s one of the most useful college savings tools, and it’s also one of the most frequently overlooked assets in a divorce. Whoever owns the account controls it. The child is the beneficiary, but the owner decides when money comes out and what it’s used for.
On the FAFSA, a 529 owned by the contributor parent is reported as a parent asset, which typically has a fairly modest effect on aid. A 529 owned by someone else, such as a grandparent, generally isn’t reported. In many cases the same is true of an account owned by the divorced parent who isn’t the contributor. Under the newer rules, withdrawals from those accounts also no longer count as income to the student, which can work in a family’s favor.
There are two catches. Schools that use the CSS Profile may still ask about these accounts and may treat withdrawals differently. And none of the aid rules help if the account owner simply decides not to use the money for your child.
One client discovered after her divorce that the 529 she’d assumed was “the kids’ money” was in her ex-husband’s name alone. The settlement never addressed it. He later changed the beneficiary to a child from his second marriage, which he was legally allowed to do. If you’re negotiating a settlement, you might ask for the account to be transferred to you, or set out clear written terms for how it will be controlled and used. If you’re already divorced, a reasonable first step is to ask for a current statement and a written plan for how the account will be used.
Who claims my child, and who gets the education tax credits?
Education tax credits generally go to whoever claims the student as a dependent, and they phase out at higher incomes. In many divorced families, the parent who claims the child earns too much to receive the credit, while the other parent might have qualified. That’s a planning opportunity that often gets missed simply because nobody looked at both returns together.
Your divorce agreement usually decides who claims the child. That choice affects filing status, credits, and sometimes financial aid. I walk through those rules in How Does My Tax Filing Status Change After Divorce. Income limits and credit amounts change, so it’s worth confirming the current numbers in IRS Publication 970 or with your tax preparer before deciding who claims your student in a given year.
Should I pay for college or save for my own retirement?
This is the question underneath almost every college conversation I have with divorced women, and it deserves the most honesty.
Many women come out of a divorce with less retirement savings than they expected to have at this age. Often it’s because they stepped back from their careers to raise the children who are now heading to college. The instinct to give your kids every opportunity is a good one. But your student can borrow for college. You can’t borrow for retirement.
I often tell clients that one of the most generous things you can do for your children is make sure you won’t need to depend on them financially later. A parent who drains her retirement accounts, or takes on large Parent PLUS loans in her 50s, may end up asking those same children for help in her 70s.
That doesn’t mean saying no to college. It means deciding in advance what you can comfortably contribute. The rest of the plan can come from scholarships, a more affordable school, a gap year of work, or some student borrowing. One mom I worked with decided she would cover the cost of a California public university and nothing more. Her daughter chose a private school anyway, earned a merit scholarship, and took out a modest loan for the difference. Mom kept contributing to her own retirement the entire time, and neither of them regrets that choice.
If your retirement savings feel behind, workplace plans and IRAs may give you room to catch up. I cover how to approach this in Maximize Your Retirement Contributions to Lower Taxes. Contribution limits change most years, so confirm the current figures before setting your savings targets.
When does it make sense to bring in an advisor?
College decisions after divorce involve legal agreements, financial aid rules, taxes, and your own long-term security all at once. Your family law attorney focuses on the agreement. A college counselor focuses on admissions and aid. Your tax preparer looks at last year’s return. Very often, nobody is looking at how all of those pieces affect each other.
It may be worth getting help if:
you’re negotiating a settlement and college is still years away
your agreement is vague and tuition is getting close
a 529 is in your ex’s name
you’ve remarried
you’re trying to decide how much you can contribute without putting your retirement at risk
As both a CPA and a CFP®, the part of this work I find most valuable is helping clients see the tax, aid, and retirement effects of each option side by side, before they commit.
Frequently Asked Questions
Do divorced parents have to pay for college in California?
No, not by default. California child support ends at 18, or at 19 if the child is still a full-time high school student. Parents only have a duty to pay for college if they agreed to it, typically in the marital settlement agreement.
Can a California court order my ex to pay for college?
Generally not on its own. Courts can’t create a college obligation that the parents never agreed to. If your agreement includes college terms, though, those terms can usually be enforced.
Which parent fills out the FAFSA after divorce?
The parent who provided more financial support to the student over the past 12 months. If support was equal, or neither parent provided any, it’s the parent with the higher income and assets.
Does the FAFSA still use the parent the student lives with?
No. That was the old rule. The current FAFSA looks at financial support rather than where the student lives most of the time, which is why older articles and advice can be misleading.
Does my new spouse’s income count on the FAFSA?
If you’re the contributor parent and you’ve remarried, your spouse’s income and assets are generally included. That’s true even though a stepparent isn’t legally responsible for college costs.
Does my ex have to fill out the CSS Profile?
Many colleges that use the CSS Profile require the noncustodial parent to complete their own profile. Each school sets its own policy, and waivers are only considered in limited situations, such as no contact, a court order limiting contact, or abuse.
What if my ex refuses to fill out the CSS Profile?
Contact each school’s financial aid office as early as possible. A parent’s refusal usually isn’t enough for a waiver on its own, and a missing profile can delay or prevent school-based aid.
Does a 529 owned by my ex count on the FAFSA?
If your ex isn’t the contributor parent, their 529 generally isn’t reported on the FAFSA, and withdrawals no longer count as student income. Schools that use the CSS Profile may still consider it.
Can my ex change the beneficiary on a 529?
Yes. The account owner controls the 529, including who the beneficiary is. If the account matters to your child’s college plan, it’s worth putting ownership and usage terms in writing.
Who gets the education tax credit if we’re divorced?
Generally, the parent who claims the student as a dependent. The credits phase out at higher incomes, so it’s worth checking which parent could actually benefit before deciding who claims the child.
Should I use my retirement savings to pay for college?
It’s rarely the first place to look. Students can use loans and scholarships, but there’s no loan for retirement. It helps to decide what you can comfortably contribute before college decisions are made.
Is it too late to add college terms if my divorce is already final?
Not necessarily. Some parents negotiate a written agreement later, and others revisit their settlement with a family law attorney. It’s easier while college is still a few years away.
In Short
California doesn’t require divorced parents to pay for college unless they agreed to it.
Vague settlement language like “as they are able” is hard to enforce, so specifics matter.
The FAFSA now looks at the parent who provided more financial support, not the parent the student lives with.
If the contributor parent has remarried, the stepparent is generally included on the FAFSA.
Many CSS Profile schools require information from both parents, and a parent’s refusal usually isn’t grounds for a waiver.
Whoever owns the 529 controls it, so it’s worth settling ownership directly.
Education credits go to the parent who claims the student, and income limits apply.
Protecting your own retirement is part of taking care of your kids.
Financial aid rules, tax credits, and contribution limits shift from year to year, so confirm the current rules before making any decisions based on this article.
About Katherine
Katherine Leonard is a CPA and CFP® who started KCL Wealth Management after years of watching people get pulled between an advisor, a CPA, and an attorney who never actually talked to each other. She wanted to be the person clients could bring their whole financial picture to, someone who actually has their back. If you’re trying to figure out how college fits alongside your settlement, your taxes, and your own retirement, she’d love to talk it through. Visit kclwealth.com/contact to request an intro call.
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