Divorce and College Expenses in Virginia: Who Pays and What the Law Says
College is one of the most significant expenses a family faces. If you are going through a divorce in Virginia, you may be wondering how it will affect your child’s education plans.
As tuition continues to rise, questions regarding schools, majors, and who pays can become a major source of stress. Our experienced Virginia divorce attorney provides practical advice for parents in this situation. Understanding how Virginia approaches college expenses can help you plan ahead and avoid conflict.
How Virginia Handles College Costs in a Virginia Divorce
The first thing you need to know if you are getting a Virginia divorce and are worried about college costs is that parents are not required to pay for educational expenses once their child reaches adulthood. Under the Virginia Code (Section 20-124.2), child support ends typically when a child turns eighteen or graduates from high school, whichever occurs later.
However, Virginia parents can still address college expenses through a written agreement. These agreements may include:
- A plan for dividing tuition, books, meal plans, and housing.
- Limits on how much each parent will contribute.
- Requirements that the child maintain specific grades or remain enrolled full-time.
- How to handle payment arrangements with the school.
- Plans in case financial aid or scholarships change.
If your divorce settlement does not address college costs, you can’t legally force the other parent to pay. To ensure these costs are covered, you need to create a clear, written agreement.
Resolving Divorce-Related Disputes About College Expenses
The average cost of in-state college tuition in Virginia in 2025 is close to $15,000, according to the State Council of Higher Education. Including college costs when negotiating child support as part of a Virginia divorce helps ensure they are covered.
However, even when divorcing parents set expectations early, disagreements may still arise. You and your co-parent may disagree about the choice of college, the reasonableness of costs, or how to divide expenses. These disputes often involve financial changes or communication challenges that developed after a Virginia divorce. To protect your child’s interests, it can help to:
- Review your divorce settlement or parenting plan to see whether it addresses college costs.
- Evaluate each parent’s current financial circumstances.
- Create a shared plan for applying federal aid, scholarships, and savings.
- Keep records of agreements, discussions, and contributions.
- Seek mediation if you and your co-parent cannot resolve the issue on your own.
If your original agreement includes language about college costs and the other parent is refusing to comply, you may be able to request enforcement through the court.
To Speak With Our Virginia Divorce Attorney, Request A Consultation Today
Paying for college is a significant commitment, and a Virginia divorce can complicate an already stressful decision. Whether you are preparing for divorce or navigating post-divorce disagreements, Schwartz Kalina, PLLC, provides the practical legal guidance you need. To speak with our experienced Virginia divorce attorney, call or contact us online. Request a consultation today.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6/section20-124.2/
schev.edu/research-publications/reports-publications/2024-25-tuition-and-fees-report
