Payment Of Expenses For “Adult” Children After Divorce – PART I

man thinking about how to handle parents divorce

It is common for divorcing parents to have children who over the age of eighteen and considered to be adults by the State of Connecticut, however, they are not yet self-supporting. These adult children are in an in-between stage, perhaps looking for a job or even have a job but are still receiving financial assistance from mom and dad. Sometimes divorcing parents are in agreement about providing some level of financial support to adult children. In a contentious divorce, they may not agree. In that case, how are the expenses shared for adult children who are still reliant on divorcing parents for some level of support?

Generally, divorcing parents are not legally obligated to provide financial support to adult children.

If our adult child is living with me—does it factor into my expenses for alimony?

There are several factors that are considered in determining the appropriate alimony to be paid from one spouse to the other, and one factor is the needs of the alimony payee. If you have an adult child living with you, or you are providing financial assistance to your adult child and your monthly living expenses are increased as a result, those increased expenses are not automatically covered by an award of alimony.

This may seem unfair, particularly if you have a child who recently graduated from college and is trying to find a job while living at home. It is important to have an experienced attorney who can help you negotiate a settlement that may include some of these expenses.

Who Will Pay For Health Insurance For Our “Adult” Children After Divorce?

In Connecticut, divorcing parents are only required to maintain health insurance coverage for minor children until the later of the child reaching the age of 18 or graduating high school (but no later than the age of 19). While there is no legal obligation to do so, it is typical for a Separation Agreement to provide for continued health insurance coverage for children beyond age eighteen. Most Agreements contain a provision that the coverage in effect at the time of divorce will continue for so long as it remains available through an employer at a reasonable cost. Many divorcing parents, agree for health insurance to extend to age 26, the maximum allowable age limit in Connecticut, or until the child is able to secure health insurance through his/her own employer, spouse, or domestic partner. If this language is included in your Separation Agreement, you and/or your spouse have a legal obligation to continue to provide coverage for your adult children.

The attorneys at Broder & Orland LLC, with offices in Westport and Greenwich, Connecticut, we understand the unique challenges that families face after divorce. We use our vast experience to assist our clients in the negotiation and drafting of agreements to preemptively address many of those challenges.