Graduate School

Why Matrimonial Practitioners Should Address Graduate School in Marital Agreements

By: Charles F. Vuotto, Jr., Esq. and Cheryl E. Connors, Esq.

As many practitioners are aware, New Jersey is among the minority of states to allow a court to order not only the payment of college expenses but also graduate school expenses. A review of the relevant case law in New Jersey suggests that marital agreements should specifically address the parties’ intentions with respect to the payment of graduate school expenses. In a recent Appellate Division decision, even an emancipation provision in a settlement agreement was not so clear and unambiguous to exclude a requirement for contribution to graduate school. Given the ability of New Jersey courts to require a contribution to graduate school, it is imperative when drafting Matrimonial Settlement Agreements (“MSA”) that practitioners make every effort to include language clearly expressing the parties’ common intention with respect to this issue. Clearly, this is a point of negotiation which may be unsuccessful. The attempt, however, should be made and if not successful, the client must confirm his or her willingness not to address the provisions for appropriate reasons.