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Who Pays for College After an Illinois Divorce? A Look at Educational Support Laws

By Nottage and Ward on October 20, 2025

Many divorcing parents are concerned about how their child’s college education will be paid for, and rightly so. College costs in the U.S. are steadily climbing, and planning ahead can be challenging when you’re also managing property division, spousal maintenance, and parenting time arrangements.

Illinois law provides specific guidance on this issue under Section 513 of the Illinois Marriage and Dissolution of Marriage Act. This provision allows courts to allocate college-related costs between divorced parents, even after the child turns 18 and custody orders technically end.

At Nottage and Ward, LLP, we work with financial advisors and tax professionals to ensure your college contribution plan supports your child’s future and your financial security.

What Is Section 513 of the Illinois Marriage and Dissolution of Marriage Act?

Section 513 of the Illinois Marriage and Dissolution of Marriage Act gives courts the authority to order divorced or separated parents to contribute to the cost of a child’s college education. This is a unique provision, as many other states don’t require divorced parents to pay for post-secondary education at all.

Under Section 513, courts may allocate costs such as:

• Tuition and fees
• Housing and meals (on-campus or reasonable off-campus costs)
• Books and supplies
• Health insurance and medical expenses
• Transportation
• Other reasonable living expenses during enrollment

This applies to children under age 23 (or 25 under special circumstances) who are pursuing a bachelor’s degree or vocational education.

What Counts as Reasonable College Expenses?

Illinois courts typically use in-state tuition at the University of Illinois at Urbana-Champaign as a benchmark for reasonable expenses. That doesn’t mean your child can’t attend a private university or out-of-state school. But if they do, the court may cap your financial responsibility based on what a comparable Illinois public institution would cost.

However, some parents agree to fund private education as part of a divorce settlement college costs provision. These agreements can be customized, but they must be clearly drafted to be enforceable.

How Do Courts Decide Who Pays?

Illinois courts have broad discretion when determining how to divide child college tuition after divorce. They consider several factors, including:

• Each parent’s financial resources
• The child’s own resources (including 529 plans or savings)
• The standard of living the child would have enjoyed had the parents stayed together
• The academic performance and commitment of the student
• Whether one parent has already paid for other children’s education

Unlike child support, there is no set formula. That’s why it’s a good idea to work with a knowledgeable Chicago divorce attorney who understands how to negotiate or litigate these obligations effectively.

Including Educational Support in a Divorce Settlement

At Nottage and Ward, LLP, we strongly encourage divorcing parents to address a parenting plan that addresses education issues in the initial decree or divorce settlement. While courts can order educational support later, setting clear terms can:

• Prevent future disputes
• Clarify expectations
• Create a funding timeline (e.g., shared 529 plan contributions)
• Specify what expenses will be covered
• Limit exposure by setting caps or conditions (e.g., GPA requirements)

What If Parents Can’t Agree on College Costs?

If your original divorce decree is silent on educational expenses and your child is approaching college age, either parent can file a post-decree motion under Section 513 to request court allocation of costs. To succeed, the petitioning parent must:

• Show that the child is enrolling in a qualifying program
• Demonstrate the need for financial support
• Provide cost estimates and proposed division
• Prove the other parent has the financial ability to contribute

Our Chicago divorce lawyers are experienced in representing both petitioners and respondents in these post-decree cases, especially in high-asset and professional households.

College Contributions and Child Support in Illinois

In Illinois, child support typically ends when the child turns 18 or graduates high school. But if the court orders educational support under Section 513, it’s treated separately from traditional child support.

The obligation to pay for college could affect spousal support calculations depending on timing and income changes. Every situation is fact-specific, which is why experienced legal counsel is essential.

A 529 College Savings Plan Can Be Divided

If parents created a 529 account during the marriage, it’s typically considered marital property. That means it can be:

• Allocated to one parent
• Divided between both parents
• Assigned for the benefit of the child with restrictions

We help clients structure these plans to ensure funds are used properly, especially in cases where one parent wants to control spending or prevent misuse. Well-crafted language can specify how the account will be managed and accessed.

Protecting Your Financial Future and Supporting Your Child

No one wants to shortchange their child’s education. But college costs can become a major source of conflict if they’re not discussed and planned for.

To protect yourself:

• Work with a divorce attorney who is experienced in educational support
• Plan early and include terms in your divorce settlement
• Specify limits, conditions, or cost-sharing formulas
• Use tools like 529 plans and education trusts when appropriate
• Document income and financial changes before filing a post-decree motion

Don’t Let College Costs Become a Legal Crisis

Planning for your child’s education can become complicated after divorce. Whether you’re drafting your first parenting plan or revisiting a decree from years ago, understanding Section 513 in Illinois is important for making informed decisions. With the right legal strategy, you can share college costs fairly, avoid unnecessary conflict, and support your child’s success.

Speak With a Trusted Chicago Divorce and Family Law Attorney

If you have questions about post-divorce college expenses, post-decree educational support, or how to protect your financial future while meeting your child’s academic goals, we can help. Nottage and Ward, LLP can help you understand your rights and design a plan that supports your family for years to come.

Call (312) 332-2915 to contact us and learn more today.