Clarification of "separated" for parent marital status

Paying for College
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<p>The proposed language on the parent marital status question for the 2015-2016 FAFSA:</p>

<p>“For FAFSA purposes, a married couple is separated if the couple is considered legally separated by a state, or if the couple is legally married but has chosen to live separate lives, including living in separate households, as though they were not married. If you and your spouse are separated but living together, select “I am married / remarried,” not “I am separated.”</p>

<p>NOTE: When two married persons live as a married couple but are separated by physical distance (or have separate households), they are considered married for FAFSA purposes.”</p>

<p>This should help clarify this question!</p>

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<p>That helps, Kelsmom. Thanks. I hope the finalized language is issued soon.</p>

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<p>kelsmom, does anything a particular college does relate directly to whether the parents are married or not? IOW, in terms of acceptance, aid, etc. is the marital status of the parents a factor?</p>

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<p>Marital status is definitely a factor for aid. If the parents are separated per the definition above, only the parent who the student lived with most in the preceding year needs to be listed on the FAFSA. This means that only one income is needed, vs. both incomes of the parents, thus lowering the EFC. However, for the CSS/Profile, separated parents must both give details of their finances. The non-custodial parent fills out their individual section to be submitted to the school for aid consideration. </p>

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<p>What exactly constitutes “living separate lives” vs. “separated by distance/separate households”? Do colleges have a bedroom police?</p>

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<p>There is never any kind of police. There is simply the understanding that lying on the FAFSA is fraud. For most civilized people, that is enough to keep them on the straight & narrow.</p>

<p>The issue of “separated” has come up over and over on this forum. The clarification that will be offered will be helpful for those who wonder if their parents’ situation constitutes “separated” status.</p>

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I was questioning more at the level of the college itself. If the parents are considered married for FAFSA but not married for the college itself, does that affect anything?</p>

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<p>Maybe I misunderstood - but if you are considered married for FAFSA purposes, how would you classify yourself as unmarried otherwise? </p>

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<p>^^ you could be legally divorced but living together again. Therefore, you’d be ‘married’ for FAFSA purposes but legally allowed to file separate tax returns.</p>

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<p>In that case, I don’t think there would be any issue between what defines you as married for financial aid purposes vs. the classification you have given the school for any other departments. </p>

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<p>There are a lot of same-sex couple who are legally married in one state but not (and not recognized as such) in another. How does that shake down when it comes to colleges?</p>

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<p>What exactly constitutes “living separate lives” vs. “separated by distance/separate households”? Do colleges have a bedroom police?</p>

<p>"separated by distance/separate households would mean the cost of maintaining two separate households. “living separate lives” could mean still sharing one house, which would mean less cost of living expenses. That could make a significant difference in finances available for tuition. Same with legally divorced but living together.</p>

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<p>When in doubt, and when this is flagged, college fin aid officers would ask. As with any number of things, yes, the student/family could lie, but the definition is right there. No question of this arises if the parents are filing separate returns, not married, filing separately but as separate households. However, the IRS has more specific requirements in order for families to be able to do this, name the state itself has to recognize the couple as separated. FAFSA is more lenient in that those familes who live in states that do not recognize separation, can still file as separated if the “living separate lives” holds up. </p>

<p>There are married couples who live in two domiciles who are separated for tax purposes. Can make a huge difference in tax bills If they truly meet the definition of separated, for tax purposes and are passing muster that way, even though they are sharing their lives other than having another place to live (which might not even be used as much as would had they truly been living separate lives). Theoretically, those families should be filing as married on FAFSA, but I know a number who do not. </p>

<p>If two people are legal parents of the student, regardless of legal status, if they are living together than they file together on FAFSA. That is clear.</p>

<p>FAFSA does use the IRS tax forms to check on certain thing and a mismatch will likely set off a verification questionnaire. But some things do not have to mesh, and the separated definition is one thing that does not Neither does the issue of who declares the student as a dependent. But who are considered dependents in a household can come down to to who is or can be claimed on the federal tax forms.</p>

<p>I have personally seen a lot of Asian families, just my personal observation, as I know a number of Asian families, who have one parent living/working overseas, but they are married and consider themselves as such. But for tax purposes, it’s beneficial for them to file as fully separated, not married filing separately. This often allows the US living parent to be HOH and actually have low income benefits in many scenarios IF the parent living overseas is not a citizen or permanent resident, which I have seen as the case in some situations, he does not file US taxes, and does not come into the picture except in terms of support money given in a lot of situations including FAFSA. Absolutely many of them would file as separated parents for FAFSA since the tax forms will back this up with usually the mom filing HOH separated. No flag there since the only issue is really what the family privately considers itself. And in some cases, the members don’t quite know, as there have been situations that have arisen where the out of country parent has another family tucked away. </p>

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<p>“There are a lot of same-sex couple who are legally married in one state but not (and not recognized as such) in another. How does that shake down when it comes to colleges?”</p>

<p>I think FAFSA is now asking for both parents’ info…regardless of being married or not…if they are living in the same household. Even “separated” parents living in the same house for financial reasons are required to both be on FAFSA. </p>

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<p>yes, and we see that quite often here on CC and it’s annoying. One parent living elsewhere, not reporting income, and getting lots of benefits, aid, gov’t aid, etc. It’s kind of gross. And, since no one really checks to see if the parents consider themselves “married or not,” there is a huge incentive to claim “separated” (especially in Calif) so that the kids get Cal Grants and can go to a UC for practically free.</p>

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<p>DOMA requires that colleges consider those legally married in any state as legally married for FAFSA purposes.</p>

<p>It is an interesting question, though … what might an individual school do? I have not read anything on the financial aid listserves that addresses this issue. As far as I know, schools accept the FAFSA definition of married. I believe that if a school accepts federal funds, they have to accept federal definitions. </p>