Divorce at any stage of parenting is emotionally and financially complex, but when it coincides with a child’s transition to university, it brings a unique set of challenges. Suddenly, the focus shifts from child maintenance to who is responsible for university fees, accommodation, living expenses, and more.
While many parents hope to support their child through higher education regardless of their marital status, the reality of post-divorce financial obligations can be murky—especially when agreements weren’t formalised in advance.
In the UK, there is no blanket legal requirement for divorced parents to fund a child’s university education, yet financial expectations don’t simply vanish when a child turns 18. Parents may find themselves renegotiating, disputing, or even walking away from financial commitments they previously assumed or verbally agreed to. So what happens when those university bills start rolling in?
Tuition fees: What the law expects
University tuition fees in the UK can run as high as £9,250 per year, and this doesn’t include living costs. For most students, tuition and living expenses are covered by a student loan provided through Student Finance. However, not every student qualifies for the full amount they might need for maintenance (day-to-day living), and this is where things get complicated.
Student Finance England assesses a student’s eligibility for maintenance loans based on their household income. This typically means the income of the parent they live with most of the time, and in some cases, the income of that parent’s new partner. The higher the assessed household income, the less maintenance loan the student is eligible to receive—on the assumption that parents will top up the difference.
In practice, however, this assumption is not legally enforced. If a parent refuses to contribute, there is no mechanism within the student finance system to compel them. This is a source of considerable stress for many young adults who find themselves stuck between what they need to live on and what they actually get. In divorced families, particularly where one parent no longer lives with the child or has limited contact, this can cause real hardship.
Living costs and accommodation: Who should pay?
Living costs are often the biggest financial burden students face at university. Rent, groceries, travel, course materials, and social costs can quickly add up. While the maintenance loan is intended to help cover these, it often falls short—especially in high-rent areas like London or certain university towns.
Here, parental contributions often become essential. But again, unless a formal legal agreement is in place, there is no obligation on either parent to provide financial assistance once the child turns 18. This can be particularly problematic if one parent had verbally agreed to help fund these costs during the child’s studies but later changes their mind or faces financial constraints.
Some parents may assume that student loans will sufficiently cover everything, without fully appreciating how limited maintenance loans can be, especially when household income is considered high. Others might be unaware that their refusal to contribute can put their child in a difficult financial position, potentially affecting their wellbeing and academic success.
What happens if a parent stops paying midway through?
It is not uncommon for parents to begin university contributions in good faith, only to reduce or stop payments partway through a course. This might be because of changes in financial circumstances, new family obligations, or deteriorating relationships with the child or ex-partner.
Whether they can do this depends on the existence and structure of any legal agreement. If a financial settlement or court order was created during the divorce and it specifically outlines university costs—such as tuition, rent, or living expenses—then the parent may be legally bound to continue making those payments. In these cases, the other parent (or the child, if over 18) may be able to pursue legal enforcement of the agreement.
If, however, the arrangement was informal or not included in a court order, there may be little recourse if a parent pulls out. The law in England and Wales allows adult children in full-time education to apply for financial support under Schedule 1 of the Children Act 1989, but such cases are relatively rare and can be costly to pursue. Courts will consider the financial situation of each parent, the needs of the child, and whether the request is reasonable.
Do parents pay according to income?
There’s no legal formula for calculating post-secondary education contributions from divorced parents, but in practice, the parent with the higher income is often expected—either informally or by agreement—to pay more. This can lead to resentment if expectations aren’t made explicit early on.
During divorce proceedings, some parents choose to draft a consent order or parenting agreement that includes provisions for university expenses. These agreements can be tailored to reflect each parent’s financial capacity and can cover specific costs like tuition, housing, travel, or even discretionary spending. If such an order is approved by the court, it becomes legally binding, and each parent is expected to honour the terms.
If no agreement is made, disputes can arise over what’s fair or expected, particularly if one parent’s income increases after the divorce or if new financial burdens (like remarriage or additional children) emerge.
The emotional and practical impact on students
Financial uncertainty during university can affect more than just a student’s bank balance. It can cause stress, anxiety, and even academic performance issues. Students may feel caught in the middle of their parents’ unresolved conflicts, reluctant to ask for support, or unsure where they stand.
Some may take on part-time work to compensate, but this isn’t always feasible, particularly for demanding degree programmes. In worst-case scenarios, students may consider deferring or dropping out if they cannot meet essential expenses—especially if they’re unwilling or unable to take on additional debt.
Clear upfront planning can go a long way toward preventing this. Divorced parents who can communicate effectively and reach a joint understanding, whether formal or informal, give their child the best chance of navigating university with stability.
Can the court intervene?
If the child is under 18 or if court orders were made during the divorce covering education, these can potentially be enforced. After the child turns 18, options become narrower, but applications for ongoing support can sometimes be made by or on behalf of the child under Schedule 1 of the Children Act or the Matrimonial Causes Act 1973 (if they are still financially dependent).
However, such applications are time-consuming, costly, and emotionally draining, so they’re generally considered a last resort. Many families instead turn to mediation or family solicitors to reach a compromise without court involvement.