Divorced and still on the hook

Growing up, I was always told I’d be responsible for paying my own way through university. My parents wanted me to go, but they also wanted me to learn financial independence early. I’m honestly not sure if that was a deliberate philosophy or just how things had always been done in the family; both of my parents had paid their own way through school too, and my dad had sold his beloved ’57 Chevy Bel Air to cover his tuition. There might have been a little martyrdom baked in: I sacrificed my car, so you can sacrifice too.

I lived at home during university and paid tuition out of my summer job earnings. My parents helped some, covering half a car and its insurance for the years I was in school, and living at home saved me a considerable amount on its own.

So when I think about my own kids and university, I don’t automatically feel obligated to fund it. That said, things cost a lot more now. My tuition ran about $2,000 a year. Today it’s closer to ten thousand, and minimum wage hasn’t come close to keeping pace with that jump. I’ve also always felt like I missed out on something by staying home for school. So I’ve been going back and forth, leaning more toward wanting to help fund my kids’ education if I can, while still believing that support at that stage is a choice, not an obligation.

Then I learned something that reframed the whole question. A friend of mine was still paying child support for a stepdaughter in her late twenties. It turns out parents remain financially responsible for a child pursuing their first university degree, unmarried, essentially regardless of age.

That got confirmed again during my own divorce, when my lawyer walked me through it directly: under the Divorce Act, child support obligations end when a child marries, becomes self-supporting, or turns nineteen, unless that child remains a “child of the marriage” because they’re unable to become self-supporting due to illness, disability, pursuing an education, or another qualifying reason.

Here’s the interesting part: divorcing your spouse can actually leave you with a greater ongoing financial obligation to your kids than staying married would have. Married parents can simply agree together that their adult child is on their own now. Divorced parents, if a child chooses university, generally can’t make that same call unilaterally.

I understand why the law exists. I’ve seen how badly things can go without it: a parent encourages the kids toward a school far from home, then refuses to help pay once they’re there, leaving the other parent to fund the bulk of it alone, occasionally with some help from the kids themselves. I’ve watched a situation like this play out over several years, court decisions repeatedly siding with the parent seeking support, and payment still not materializing. The frustration of getting a ruling in your favour and still not seeing the money is its own particular kind of exhausting.

Even with the law clearly on your side, enforcing it can turn into a long, draining process. Much of the difficulty lies in the details: figuring out exactly what amounts should be split and tracking and accounting for them over years.

The way to avoid landing there yourself is communication, early and often. Talk to your spouse about what you both envision for your kids’ education. If you’re separating, get clear, specific language about postsecondary funding written directly into your agreement, not vague gestures at “supporting education,” but actual clarity on amounts and how they’ll be calculated and tracked. If your current agreement is silent on this, start that conversation with your co-parent now, ideally before your kids have already set their hearts on a school far from home.

If your co-parent genuinely isn’t on board with sharing the cost, that’s worth a hard, honest conversation with yourself: can you fund it alone, or do you need to start helping your kids adjust their expectations of what this stage of their life is actually going to look like?

And if you do decide funding their education matters enough to you to do it regardless, take a real look at your financial situation to see whether it’s actually possible, and if it’s not yet, what would need to change to get there.