College education as a form of spousal support

Many have taken note of the increase in older, so-called “non-traditional” students on college campuses of late. The economic downturn has made college more attractive, either because people need more education to get whatever jobs are available, or because they cannot find work at all, meaning that going to school is the next best thing to do.

Divorcing spouses should at least examine the possibility of college education for one or both of them. In their mediated divorce agreement, spousal support should be specifically structured as to provide for the temporary expenses surrounding the education of the receiving spouse. Spousal support often starts with a higher dollar figure at the outset, when the receiving spouse is least able to be self-sufficient. If that spouse is actually incurring financial obligation while at the same time not earning any money to counterbalance them, that person’s needs are heightened, at least in the short term.

Any spousal support agreement that aims to situate the receiving spouse in the working world should have a time limit that represents the reasonable period in which the average person would complete that education. Some couples may also wish to insert language into their agreement that provides for terminating or revising spousal support if, after the education is complete, the spouse who has been recently educated obtains a position that pays more than X dollars a year.