Legal Question in Family Law in Indiana

College Financial Aid Loophole

My spouse is not the parent of the child that lives in our home. According to the FASFA forms, her income must be listed when assessing financial aid for college. If so, we will not recieve financial aid. As a single parent, I will recieve a significant amount of aid. This question is only for reference at this point : Can we separate (legally) for a four year period to recieve financial aid ?

I know couples whom live together (not married) and are eligible for aid in this situation. It's not fair and I feel bad asking this type of question, but a collge education can be very expensive and hard on a relationship.

(Please advise and thank you)


Asked on 11/09/04, 8:21 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: College Financial Aid Loophole

A petition for legal separation results in an order of legal separation and separation of financial obligations of the couple for only one year after the decree is entered. It is possible to stretch out litigation over a 2 or 3 year period prior to getting to a final hearing so that it is possible one lawsuit for separation would suffice for your purposes. Otherwise, you would have to refile each time the one year period was up for the decree. A legal separation can be decree without any specific reason and with an agreement that the marriage should endure.

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Answered on 11/09/04, 10:39 am


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