Tampa Divorce Attorney 800-716-6206
Tampa Divorce Lawyer Firm Overview Attorney Profiles In The News Newsletters Frequently Asked Questions Contact Us

Who Gets the College Fund in a Florida Divorce?

In many Florida divorces, part of the property division that occurs involves college funds which have been set aside for the benefit of the children.

Unless these funds are owned by one spouse alone as a result of money from before the marriage or as a result of a gift from someone other than the other parent, the funds will be divided along with all of the other assets and debts of the parties.

If the plan procedures allow both parents to exercise joint control, the solution is fairly simple.  You merely request that the plan confirm in writing that neither spouse can withdraw or otherwise move the money without the written consent of the other.

Sometimes that is difficult to do.  Many plans, including the state operated Florida Prepaid College Plan, require that the accounts be opened in one name only.  When that is the situation, your expert Tampa divorce lawyer will merely place a paragraph in the Marital Settlement Agreement or ask the judge to place a paragraph in the Final Judgment of Dissolution of Marriage which states that neither spouse can make any decisions regarding that money without the written consent of the other spouse.

Bottom line:  Don't assume that the children's college funds will be handled the way that you want them to be.  Have your Florida divorce lawyer obtain clear rules for withdrawing the funds.

Tampa Family Law
Alimony
Child Custody
Child Support
Collaborative Divorce
Contempt of Court
Divorce
Domestic Violence
Durational Alimony
Enforcement of Court Orders
Enforcement of Settlement Agreements
Flat Fee Divorce
Helpful Articles
Mediation
Military Divorce
Modification of Alimony
Modification of Child Custody
Modification of Child Support
Need a Second Opinion?
Paternity
Permanent Alimony
Property Division
Property Rights
Recovery of Attorney's Fees
Rehabilitative Alimony
Relocation of Children
Support Services
Transitional Alimony
Visitation
Florida Family Law Videos
Support Services
Helpful Articles
Family Law Videos
Family Law Blog
Name:
Email:
Phone:
Tell Us About Your Case:
Givens Givens Sparks - Tampa Divorce Lawyer
Located at 201 North Franklin Street, Suite 1700, Tampa, FL 33602.
Phone: (813) 251-6700.
Website: .