If your adult child is going through a divorce, and you have set up a college account for your grandchild, do not give your child's spouse a free ride on college expenses. Protect your grandchild’s college funds.
Under Illinois law, if there is a divorce, your child and his or her spouse are both obligated to contribute toward the university, college or vocational school expenses of their children. (See 750 ILCS 5/513 of the Illinois Marriage and Dissolution of Marriage Act.)
If you create a college account for your grandchild and there is a divorce between your child and his or her spouse, that account may be designated by the divorce judge to be used first for payment of the grandchild's college expenses, before the your son-in-law or daughter-in-law's obligation to pay for college expenses kicks in. In fact, your child’s soon to be ex-spouse may get a free ride if you have put enough funds into your grandchild's account, which you created, to fully pay for college.