Can My Child Stay in Private School After Divorce?

Understanding Best Interests and Payment Options

Divorce brings up many concerns about children and one that we regularly hear from clients is how important it is that their child be able to stay in their current private school after the divorce. To assess whether the educational status quo will be maintained or whether changes may need to be made, we help them understand that the best interests of the child need to be balanced with the financial realities of the divorce.

Determining Your Child’s Best Interests When Making Educational Decisions in Divorce

If your child is already attending private school or boarding school, the expectation is that they will continue to attend that school unless there is a compelling reason to change. When there is disagreement between parents about whether a child should remain in private school, the focus turns to what is in the child’s best interest. The factors to consider include:

• The Child’s Educational History: If your child has been in a private school or boarding school for years, maintaining that environment can provide stability during a difficult time.
• Special Educational Needs: If the school meets specific educational needs (such as support for learning differences or emotional challenges), it will be seen as important to keep the child there.
• The Child’s Age and Adjustment: A teenager who has built social and academic connections may be more affected by a school change than a younger child who is still adapting.
• Quality of Alternative Options: What is the quality of the current school compared to local public schools in terms of academic and social support?

Payment Options for Private and Boarding Schools After Divorce

The cost of private and boarding schools can be significant, ranging from $50,000 or $60,000 per year for NYC private schools to over $85,000 annually for boarding schools. If both parents agree to keep the child enrolled, the question becomes: How will you pay for it?

Divorce professionals (as well as the courts) typically examine all available financial resources, not just current income. Factors that may be considered include:

• Past Payment History: How was tuition paid before the divorce? Were you relying on regular income, savings, or other resources?
• Family Contributions: Are grandparents or other family members willing to help with tuition? Is there an educational trust set up for your child to assist with payments?
• Financial Aid Opportunities: Many private and boarding schools offer financial aid. If your financial situation has changed due to divorce, you may qualify for additional assistance. Parents can also negotiate to keep their child enrolled if financial aid is granted.
• Proportional Payment: The cost of tuition can be divided based on each parent’s share of total income from earnings, investments, and other financial resources.  

Temporary Agreements: Some parents may agree to maintain the child’s enrollment in their current school until a natural transition point, such as moving to middle or high school, to allow time for adjustment while future options are considered.

Discussing these options openly with your co-parent and seeking professional guidance can help you reach a solution that prioritizes your child’s education without causing unnecessary financial strain.

Final Considerations for Private and Boarding School Arrangements After Divorce

When making decisions about private and boarding school arrangements during divorce, thoughtful planning and collaboration are essential. By discussing financial responsibilities and educational priorities openly, you and your spouse can help maintain a stable learning environment for your child. Prioritizing your child’s best interests while exploring various options will lead to an outcome that supports everyone involved.

If you’re wondering how private or boarding school tuition may factor into your divorce, our experienced legal team at Vacca Family Law Group is here to help. We understand the importance of protecting your financial interests and lifestyle during this process, as well as your children’s happiness and well-being. Contact us today for a free introductory call and get the guidance you need to make informed decisions about your child’s education and future.

Vacca Family Law Group is located at One Grand Central Place, 60 E. 42nd St., Suite 700, New York, NY 10165