FAFSA and Separation/Divorce Question

I am halfway through filling out my daughter’s FAFSA and realized I may be entering something incorrectly. Last year, my husband and I filed Married Filing Jointly, but this year, we will do Married Filing Separately, as we are in the process of getting divorced. If I use our combined 2014 AGI, she will get nothing (still may not with just my income, but there’s a bigger chance).

How do I fill it out so it is clear (I assume I will have to appeal regardless)? Do I just estimate MY income for 2015 based on last year’s? Note: he is not her biological father, nor did he adopt her. So does anyone have any info on how his income could negatively affect her for this year? I assume since we filed jointly last year and are still married, 2016-2017 will be rough, but I want to make sure I get her a good SAR if there’s any way.

Thanks for your help in advance!

You only put your income on FAFSA since you’re separated from her Stepfather. You put that you’re separated/divorced, you list your income and assets. If you own any assets jointly, then claim half of the value.

But you’re right, even with just your income, your child may get little or nothing in “free money,” particularly if she’ll be attending an OOS public.

Does your DD have a financial safety that you know that you have all costs covered?

We are separated but living together until the end of the school year (May 2016). We have no joint assets or liabilities, and I own no property. The house is in his name. I own two cars (mine and hers) and he owns his own (no liens on any of the 3).

She will be attending an in-state public school, which I expect to give little need-based aid (same school gave me $900/yr. as a single parent, but I also didn’t have a forum like this to help navigate the ins and outs of the FAFSA and financial aid office).

Her expenses will be covered regardless. Just hoping to take a little bit of the sting out of the EFC - since they think they know better what I can afford! Haha.

If you are living together and married, even if you consider yourself separated you will have to provide both incomes. See this FAFSA flyer
https://studentaid.ed.gov/sa/sites/default/files/fafsa-parent.pdf

If your parents are divorced but live together, you’ll
indicate their marital status as “Unmarried and both
parents living together,” and you’ll answer the
questions about both of them

Yes, if you’re living together, you have to include both incomes.

Run the NPC and see if you qualify for a Pell Grant on your own income. If so, then don’t file FAFSA until after May, then you’d only include your own income…maybe then you’d get a Pell Grant.

For fed aid like Pell, you can submit FAFSA very late.

Reading over that link, I’m not sure that a separated step-parent who is still living in the same house needs to be included. It seems to be talking about separated parents who live together, as if the parents are the bio or adopted parents.

That implies what @BrownParent said. Otherwise there wouldn’t be the “and don’t live together” in the sentence.

^ Right…but it’s kind of a gray area. Seems like that Q is asking about bio or adopted parents.

Either way, the mom can wait until move out in May and then file using only her info.

See, that is why and how I got confused. Yes, legally married. No, not planning on staying that way. Yes, living together. No shared assets. No to being bio or adoptive dad.

I assume I will have to include his income info since we live together and were married in 2015, but was questioning how to enter it now (prior to filing taxes for 2015) to show that the intention is not that we stay married, as I am sure I will need to file an appeal to show that only my income will be part of this whole thing.

I intend to make all of this happen after his taxes are filed - he doesn’t want to divorce, and all I need from him is his taxes. I just don’t want him to make it difficult as far as her getting ANY aid by not filing on time, which I wouldn’t put past him. Once that is done, I will initiate the proceedings and get the ball rolling. By the time 5/1 rolls around, I intend to be divorced, or at least have a final hearing date.

SO complicated!

Thanks for your input!

You do not have to file FAFSA now.

Are you saying that your DD “might” get aid with your H’s info? Run the NPC and see. If you see that she gets no free need-based money (grants) then wait until you’re living separately, and THEN file using only YOUR info.

YOU do NOT use your H’s info if you file FAFSA after you’re living separately, even tho you lived together and filed together before you filed. The moment you’re living separately, you don’t use his info on FAFSA.

So wait to file

If you are filing for need based financial aid…and hope to get some from the schools…you need to get this sorted out well before May.

Call the FAFSA help line and ask them. Or call a college financial aid office and ask them.

Since you are still married, and still living together, I would guess that you would need to include both incomes/assets.

The other thing…the parent who is planning to move out in May could move out NOW. Is there some relative or place where he or she can move? That would certainly simplify this.

Sounds like the OP is the one who has to move out since she is not an owner of the home.

The gray area is that the “separated spouse” is not the bio or adopted parent.

It seems like the “rule” that both parents need to be on FAFSA if they live together was to capture bio or adoptive parents who never married or are pretending to be separated. Seems odd that a separated step-parent with divorce pending, should be included.

The OP needs to run the NPC with stepdad’s income and see if any “free money” need based aid (not merit). If there is none, then no point in filing before moving out.

Sounds like if the mom files after she moves out, the DD might qualify for some Pell

I’m hoping @kelsmom weighs in.

I don’t think it’s odd…at all. How many students have whined that a step parent incime and assets needs to be included on the FAFSA? This couple is still living together…just like when they were married.

If they want the benefit of not having to include the still spouse…someone needs to move out…now.

It’s hard for the gov’t to consider people separated when they live in the same house. Then all families would potentially be “separated” and living together come FA application time.

I agree that it would be “cleaner” if the mom could move out now. I’m guessing that the mom is staying in the home so that the DD can continue at her school. Or maybe I’m guessing wrong.

@“Erin’s Dad” I agree…but for years, that was allowed.

We only have to live together because of a lack of rentals in our school district - I tried. Trust me. I would rather get out and away now. It’s complicated since he doesn’t want the divorce - I can’t push him to move because I don’t need or want to give him any reason to NOT give his info for FAFSA since we will file separately this year.

I am not necessarily worried about her getting aid - while it would be nice, it would probably not happen, at least in large quantities, whether I used his income in addition to mine or not. I went to the same school as a single parent and got VERY little aid (read: $900/yr. Pell).

My biggest concern right now is filling it out correctly and including what needs to be included, but nothing more. If, by some stroke of luck, she would get money using just my income, that’s great. I’m not banking on it and merit aid seems more likely. I do, however, plan on appealing the EFC portion of the SAR based on MY income alone once the physical separation takes place just in case.

Update: I spoke with FAFSA - I do include my husband’s info for now - once we file separately, I need to update the FAFSA. Once divorced, I need to update the school FA office directly. Bio dad’s information does not get included at all.

@mom2collegekids - you are guessing absolutely correctly! There was 1 rental available and the rent was more than the mortgage. He wouldn’t move and let us keep the house so this was a clean break, even though he travels for a living!

@bucks724

You have indicated that this move won’t take place until May. Your kiddo will need to,commit to,a college by May 1. It sounds like you will be making a college decision without the benefit of possibly adjusted financial aid.

@thumper1 - she has already decided and paid her enrollment deposit. I am prepared to pay it as it stands now. Anything she gets will be a stroke of luck to offset what comes out of my pocket. If she can’t get federal aid this year, hopefully, maybe, she can next year.

Filing Married filing Separately does not make you separated in any legal sense. It sounds like you haven’t filed any divorce papers or anything else to announce to the wold you are separated. IF someeting happened right now, an accident, medically bills, he woN the lotto, you’d have half the liability and half the benefits, you’d hAve the legalitarian stats ofor spouse. Many people are married and have separate ownership of cars, even houses; my sister legally owns one house, her husband owns another, cars are registered in two different counties, they have separate bank accounts, but they are not separated and filed fafsa and other documents as married. People file MFS for medical payment reasons, to qualify for some benefits, but they are still married. The IRS can create any categories it wants, but the IRS doesn’t convey legal status, that’s state law.

I think you are legally married, not separated physically or legally, and should include husband’s income on FA applications. Your intent to separate doesn’t matter if you file now, as you must use the status and income on the day you file, including his assets. If you wait until after you separate, as M2CK suggested, you’d use the information and status as of that day (May, June). If you filed taxes jointly for 2015, and wait to file until after you separate, then you would need to separate all your income and assets from his.

If you filed divorce papers but still live in the same house, my opinion might change. Filing tax papers does nothing.