Divorce And Disabled Spouses: Legal Considerations
what happens if you divorce a disabled spouse
Divorcing a disabled spouse involves unique legal and financial considerations, especially regarding support and care obligations.
Legal Obligations and Spousal Support
Courts may award higher spousal support to ensure the disabled spouse's needs are met. Factors considered include:
- The duration of the marriage
- The disabled spouse's ability to earn income
- Medical and caregiving expenses
Division of Assets and Benefits
Marital assets are divided, but disability benefits may be protected. It's essential to understand how divorce affects:
- Social Security Disability Insurance (SSDI)
- Supplemental Security Income (SSI)
- Medicaid eligibility
Consulting a family law attorney experienced in disability cases is crucial to navigate these complexities and ensure a fair outcome.