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What happens to college expenses in Connecticut divorce?

In Connecticut, college costs after divorce are handled through educational support orders, but only when the decree permits it and the statutory.

By Linda Douglas, Esq.
Published
Updated

Quick answer: What to know first

In Connecticut, college expenses after divorce are handled through an educational support order, not through an automatic rule that both parents must pay. Whether one can be entered depends on the decree and the statute. The biggest questions are whether the court kept jurisdiction, what costs are covered, and whether the child meets the conditions for payment.

  • When a Connecticut court can order college support
  • What the judge looks at before ordering payment
  • What expenses and conditions can be included

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In this guide

  1. When a Connecticut court can order college support
  2. What the judge looks at before ordering payment
  3. What expenses and conditions can be included
Sketchnote visual guide for what happens to college expenses in Connecticut divorce
What happens to college expenses in Connecticut divorce?

In Connecticut, college expenses after divorce are handled through an educational support order, not through an automatic rule that both parents must pay. Whether one can be entered depends on the decree and the statute. The biggest questions are whether the court kept jurisdiction, what costs are covered, and whether the child meets the conditions for payment.

When a Connecticut court can order college support

C.G.S. § 46b-56c allows educational support orders for up to four full academic years of undergraduate or appropriate vocational study, and the order must end no later than the child's twenty-third birthday. The timing rules are critical. In a dissolution case, the court may enter the order at judgment, but if no order enters then, the decree must explicitly reserve the right to seek one later. Without that reservation, the court generally cannot come back years later and create a brand-new college support order in the case.

Sketchnote visual guide for what happens to college expenses in Connecticut divorce
What happens to college expenses in Connecticut divorce?

What the judge looks at before ordering payment

The court cannot enter an educational support order unless it finds it is more likely than not that the parents would have supported higher education if the family had remained intact. After that threshold finding, C.G.S. § 46b-56c tells the judge to consider the parents' income and obligations, the child's need and earning ability, financial aid, the child's academic preparation and commitment, and the reasonableness of the school choice. Linda Douglas, Chief Legal Officer at Untangle, recommends gathering aid letters, tuition figures, and realistic family budgets before the hearing because college-support disputes usually turn on details, not broad arguments about fairness.

What expenses and conditions can be included

The statute permits support for necessary educational expenses including tuition, fees, room, board, books, application and registration costs, dues, and medical insurance. It also caps the obligation at the amount charged by the University of Connecticut for a full-time in-state student unless the parents agree to exceed that amount. The child must enroll in an accredited program, carry at least half-time status, maintain good academic standing, and make academic records available to both parents. If those conditions are not met, the order can be suspended for the academic period in question.

Practical issues that matter before and after judgment

College expense disputes are easiest to handle when the decree says clearly whether the issue is reserved, waived, or resolved already. That matters because C.G.S. § 46b-56c treats silence differently from an express reservation. The statute also contains special affidavit rules tied to whether a restraining order under C.G.S. § 46b-15 is pending or in effect. Linda Douglas, Chief Legal Officer at Untangle, advises parents to decide early whether they are negotiating the amount, the school choice, or the reservation of jurisdiction, because those are related but not identical problems.

Frequently Asked Questions

Can the court order college support if our divorce decree never mentioned it?

Usually no. In a dissolution case, C.G.S. § 46b-56c generally requires the order to be entered at judgment or the decree to expressly reserve the right to seek one later. If the decree stayed silent and no reservation was included, the court normally cannot add a brand-new educational support order afterward.

Does Connecticut require parents to pay any college cost a child chooses?

No. The statute sets limits. The court evaluates whether support should enter at all, what school choice is reasonable, and what amount is appropriate. It also caps expenses at the UConn in-state full-time level unless the parents agree to something higher, which keeps the order from automatically matching every private-school price tag.

What does the child have to do to keep receiving support?

The child must enroll in an accredited program, pursue at least a half-time course load, stay in good academic standing, and share academic records with both parents under C.G.S. § 46b-56c. If those conditions are not met during an academic period, the educational support order can be suspended for that period.

Linda Douglas, Esq.

Author

Linda Douglas, Esq.

Chief Legal Officer, Untangle

Linda Douglas is a Divorce and Family Attorney with 38 years of experience handling nearly 2,000 cases in Connecticut and New Hampshire. She is licensed to practice law in Connecticut and New Hampshire.

Legal citations

  • C.G.S. § 46b-56c
  • C.G.S. § 46b-15

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