Factors to Consider When Divorcing a Disabled Spouse

Ending a marriage is always difficult — but when you are divorcing a disabled spouse, emotions can become even more complex. There are also a number of legal and financial considerations that can make dissolution more complicated when your spouse has a disability. If you are thinking about divorce and your partner is disabled, it’s important to understand the implications involved when it comes to alimony, property division, and child support.

Spousal Maintenance When a Spouse Has a Medical Disability

When divorcing a disabled spouse, it is essential to consider how a spousal maintenance award could be impacted. A Missouri court can consider a number of factors when deciding whether spousal support should be awarded — including the age and health of each spouse. A judge will also evaluate the disabled spouse’s ability to engage in gainful employment and need for financial support — as well as the other spouse’s ability to provide it.

Property Division When Divorcing a Disabled Spouse

Property division is a contentious issue in any divorce case. However, it can become even more nuanced when a spouse has a disability that affects their ability to earn a living. While the court aims for an equitable distribution of marital property in divorce, this doesn’t necessarily mean equal — courts will divide property acquired during the marriage in a way deemed fair to both spouses.

Some factors to consider regarding property division when it comes to divorcing a disabled spouse can include the following:

• Supplemental Security Income (SSI) benefits — SSI benefits are based on need. A recipient’s benefits may increase upon divorce based on spousal maintenance payments and how property is divided.
• Social Security Disability Insurance (SSDI) benefits — SSDI benefits are based on an individual’s work record. A divorced spouse may be eligible to collect these benefits based on their former spouse’s work record if the marriage lasted at least ten years, they are at least 62, and they remain unmarried. In addition, they must not be entitled to a higher benefit based on their own work record. While SSDI benefits are not divisible in divorce, the amount a disabled spouse would receive should be considered when negotiating property division.
• Whether the disabled spouse requires assistance with daily tasks — Depending on the type of disability, the spouse may require assistance in their daily life, such as caring for themselves, going to the grocery store, cooking, cleaning, and other tasks. The assistance they might need from a professional caregiver may require a substantial amount of money and could cut into your property division award.
• Housing issues — Some types of disabilities require special housing accommodations or accessibility modifications. A court might grant possession of the family home to a disabled spouse if it has been modified to accommodate their specific disability, or it might award them additional marital funds to make the necessary adjustments to a new home.
• Whether the disabled spouse has funding from other sources — Other factors that should be considered in property division is whether the disabled spouse has funding from an inheritance, health insurance, disability benefits, and other sources. This can impact how assets are allocated between spouses.

Notably, while certain benefits such as VA disability benefits and SSDI cannot be divided in divorce, they can still be garnished to pay for spousal maintenance or child support.

Child Support and Custody Considerations When a Spouse Has a Disability

A disabled spouse’s ability to earn income could impact child support, depending on the child custody arrangements. While the main focus of child custody and support are the best interests of the child, various other factors can be considered when determining these issues. For example, when it comes to child custody, a judge will assess the spouse’s physical ability to care for the child and whether the disability could impact the child’s wellbeing.

Consider Alternative Dispute Resolution When Divorcing a Disabled Spouse

When divorcing a disabled spouse, litigation doesn’t have to be your only option. Mediation and the collaborative divorce process are two alternative dispute methods that can allow you to part ways amicably and efficiently — while processing your emotions in a healthy manner and addressing your unique circumstances. Both processes emphasize open communication and finding tailored solutions. Rather than let a judge decide what is right for you and your family, alternative dispute resolution lets spouses reach a settlement that works best for their situation.

Contact an Experienced Missouri Divorce Attorney

If you are considering divorce and your spouse has a disability, it’s critical to have a skillful attorney by your side who can best advise you and help you navigate the legal process. Divorce and family law attorney Mark A. Wortman provides reliable representation to clients throughout the greater Kansas City, Missouri area for divorce matters and a wide array of family law issues. To schedule a confidential consultation to learn how he can assist you with your case, please contact him today online or by calling (816) 523-6100.