If I’v been separated from my husband for 2 months, do we need to get a legal separation so his income does not get counted on FASFA?

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If I’v been separated from my husband for 2 months, do we need to get a legal separation so his income does not get counted on FASFA?

We do not plan on divorcing until he gets his Medicare as he has multiple medical problems and needs insurance coverage. My daughter from a previous marriage is a senior in high school. We reside in 2 different towns. I need to know so I can get this done before the end of next month if I need to do this.

Asked on November 26, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is a very interesting question and you need to understand that no one- attorney or FAFSA adviser - can advise you to do something that is improper under the law to obtain additional aid.  But you and your husband are really separated although not "legally" as permitted by state statute.  So filing for a legal separation is a step that you can legitimately take.  I would contact FAFSA and ask then what to include. Here is the link:

http://www.fafsa.ed.gov/contact.htm

You need to state what your marital status is on the day you sign the FAFSA, whether you are married, separated or divorced. For children of divorced parents only the income of the parent with whom the child lived with the most during the past 12 months is counted. The parent who takes care of the child the majority of the year is the one who completes the FAFSA. You would complete the FAFSA and your ex would not include info on the FAFSA. If your daughter applies to a school that also uses the CSS Financial Aid PROFILE, it’s likely that your ex spouse’s income will also be used. Good luck.


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