Should You Include Your Child’s College Tuition in Your Pennsylvania Divorce Settlement?

In Pennsylvania, college tuition is not automatically included in child support orders. But if parents want to ensure their child’s higher education is funded, they may choose to include these provisions in a divorce settlement.
At the Law Offices of Sheryl R. Rentz, P.C., we help partners create divorce agreements designed to protect your financial future and help your family thrive.
College Tuition Is Not Required by Pennsylvania Child Support Laws
In Pennsylvania, child support obligations typically end when a child turns 18 or graduates from high school, whichever is later. Unlike some other states, Pennsylvania does not require divorced parents to pay for a child’s college education unless:
- They voluntarily agree to do so in a legally enforceable contract
- A prior agreement or court order requires such support
If your divorce agreement is silent on college tuition, then neither parent can be legally compelled to contribute, regardless of their financial circumstances.
Reasons to Address Tuition in Your Divorce Settlement
If you and your spouse share the goal of supporting your child’s higher education, you might want to formalize that in writing when negotiating your divorce. Otherwise, misunderstandings or disagreements could create unnecessary conflict, or leave your child without financial support for school.
Including tuition provisions helps you:
- Clarify expectations early
- Allocate responsibility based on income or contribution preferences
- Coordinate with financial aid, 529 plans, or trust funds
- Provide your child with the security of knowing college is covered
Options for Structuring Tuition Contributions in a Divorce Agreement
A well-drafted settlement by an experienced divorce lawyer can reflect each parent’s priorities, earning capacity, and family goals.
Equal Split Model
Each parent agrees to contribute 50% of all qualified college expenses, often including:
- Tuition and fees
- Room and board
- Books, supplies, and lab fees
- Travel and incidental expenses
This model works best when both parents have similar incomes or when equality is a primary concern.
Proportional to Income
Some couples choose to divide costs based on income percentages. For example, if one parent earns 70% of the combined income, they may cover 70% of the college costs. This approach is often viewed as fairer in high-income but unequal households.
Capped Contributions
To protect both parents from unforeseeable costs, some agreements set a cap, such as the cost of in-state tuition at Penn State or Temple University. This provides predictability while still offering educational support.
College Savings Accounts
If the couple has a 529 college savings plan, the agreement should:
- Identify who will manage the account
- Specify how withdrawals will be used
- Clarify whether contributions will continue post-divorce
- Address what happens to unused funds (e.g., if the child receives a scholarship)
Key Elements of an Enforceable Tuition Provision
Pennsylvania courts require clear, contractually sound language to uphold future obligations. You may want to include:
- Specific types of expenses covered (tuition, room and board, travel, etc.)
- Time limits or degree caps (e.g., one bachelor’s degree by age 23)
- Limits on school selection (e.g., no obligation beyond in-state tuition)
- Requirements for the child (e.g., maintaining a minimum GPA)
- Payment mechanisms (direct to the institution vs. reimbursement)
- Contingencies (e.g., obligations if a parent becomes disabled or unemployed)
Tax Considerations
It’s important to consider how your divorce settlement impacts tax obligations related to education. Tax planning may involve:
- Determining who can claim the child as a dependent
- Allocating education tax credits (such as the American Opportunity Credit)
- Understanding how 529 plan withdrawals affect each parent’s taxes
- Coordinating financial aid applications (FAFSA) and custodial parent designation
The Law Offices of Sheryl R. Rentz, P.C. may call upon tax professionals to ensure that your marital asset division and tuition planning don’t create unintended tax burdens.
Getting Court Approval in Montgomery County
Once your agreement is drafted, it must be incorporated into your official divorce decree. Custody and support agreements that include college expense provisions can be submitted for court review and approval.
Tips for securing court approval:
- Ensure the language is clear and unambiguous
- Align tuition provisions with overall financial disclosures
- Submit the agreement as part of your property settlement and custody filings
- Make any 529 plan division part of your marital asset division tuition documentation
Once approved by the court, these provisions become enforceable like any other part of the divorce decree.
What Happens If You Don’t Include a Tuition Clause?
If you don’t include a provision for educational expenses, neither parent will have a legal obligation to contribute. Even if your child is accepted to an Ivy League school and both parents have the financial means, Pennsylvania law does not allow courts to impose college costs unless the parties agreed to them during divorce.
Modifying Tuition Agreements
In some cases, parents may wish to revisit college tuition arrangements after the divorce is finalized, especially if circumstances change significantly (e.g., job loss, remarriage, illness). However, unless the agreement specifically allows for modification, courts are reluctant to rewrite contracts after the fact. This underscores the importance of careful planning at the time of divorce.
Reasons to Choose Our Firm
At the Law Offices of Sheryl R. Rentz, P.C., we help clients create divorce settlements that reflect today’s realities and tomorrow’s goals.
With decades of experience in Pennsylvania family law, we know how to protect your child’s educational future and your financial security. Sheryl has been recognized as a Top Attorney by Suburban Life Magazine and she has a Superb rating from Avvo.
Speak With a Trusted Divorce Attorney in Montgomery County PA
If you’re considering divorce or reviewing an existing agreement and want guidance on handling college tuition in your divorce settlement, we’re here to help. The Law Offices of Sheryl R. Rentz, P.C can help you build a forward-looking agreement that meets your needs and supports your child’s academic success.
Call (610) 645-0100 to learn more today.
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