<p>Look at this: [FinAid</a> | Professional Judgment | Divorce and Separation](<a href=“Your Guide for College Financial Aid - Finaid”>Divorce and Financial Aid - Finaid).</p>
<p>In certain states the decree can be essential. But in most states, the date of separate residences is what determines the date of separation and the date of divorce is not an issue.</p>
<p>I also do’t understand how a student can file FAFSA a month before January. If the divorce decree is truly going to be final in January and teh student is in a state that does not recognize legal separation, the FAFSA should be filed on or after the date of the decree. Just like you don’t file FAFSA on a day when the accounts are flush with money, but on a day after all bills have been paid, you don’t file on a date before a significant event unless you absolutely have to. GIven that the earliest dayt you can file FAFSA is January first, and it is unlikely that W-2s and other papers are even going to be available until later in the month or the end of February, in this case it behooves the student to wait for that date (all a moot point if he is in a state that recoginzes legal separation which is most of them) It’s the status of the family as of the date the FAFSA is filed that determines status on that FAFSA, just as it is the amount of assets on that date.</p>
<p>1.Income/Assets of the custodial parent only is used for 2012. Sometimes a split has to be made when much of the assets/income are conjoined for the given year. Best estimates are used. If the family was living together for 2012, the amount is often just split in half.</p>
<ol>
<li><p>There is no precedent set for future years. FAFSA has to be filed each year. Without the FAFSA being filed, the student nor either parent can apply for federal loans even if the family income/assets do turn out to be too high for any actual aid.</p></li>
<li><p>From the college and it can be determined by the state. If you read the cite I gave, it explains that in some states, legal separation is not recognized, and in such cases, there has to be a divorce decree. In most states, just physical separation is needed. In the case where the parents are living together, the divorce decree is needed since there is no physical separation, legal separation just intents and intents don’t count.</p></li>
</ol>