Regardless of the situation, Massachusetts couples who choose to get a divorce will often face uncertainty as they determine how they will separate their lives, where they will live, and how they will pay ongoing expenses. When one spouse has a disability, additional questions may arise. A spouse’s medical condition may affect their income, their daily activities, and their expenses. Some people with disabilities may need long-term care, and their ability to work may be limited. They may be concerned about how they will support themselves. At the same time, the other spouse may wonder if they will be required to pay ongoing support to their former partner to ensure that they will be able to meet their needs.
Disability statistics in the United States
Disabilities are far from rare in the United States. According to the Centers for Disease Control and Prevention, about 1 in 4 adults in the United States lives with a disability. The Council for Disability Income Awareness has also noted that many people face financial risks due to disabilities, and it has reported that around 44% of people who file for bankruptcy cite medically related work loss as a reason for financial struggles.
A disability will not automatically require a spouse to pay alimony.
The purpose of alimony, which may also be known as spousal support or spousal maintenance, is to ensure that a spouse will be able to maintain the same standard of living after a divorce as they had while they were married. A spouse’s disability will not automatically create a right to alimony. Instead, judges will typically look at a couple’s full financial picture to determine whether ongoing support may be needed.
Depending on state laws, judges may consider factors such as the length of a couple’s marriage, each spouse’s income and their ability to work, and the financial needs of both parties. A disability can affect several of those factors. For example, a spouse who has a disability may be unable to return to work, and they may need expensive treatment or assistance with daily needs. If a disabled spouse struggles to meet their needs on their own, a judge may decide that financial support will be appropriate.
There are other factors that may influence decisions about alimony. If a spouse with a disability has substantial assets or receives disability benefits that can be used to meet their needs, spousal support may not be necessary. If the other spouse has limited income, they may not be required to pay support, since doing so could affect their ability to support themselves. Courts will usually try to balance the needs of both parties against a person’s ability to pay support.
In most divorce cases, spousal support will be paid for a limited amount of time. Depending on state laws, the duration of support may be based on the length of a couple’s marriage, or a judge may order alimony to be paid for a period of time that they believe is appropriate. However, if the recipient of alimony has a disability that will prevent them from supporting themselves, a judge may determine that alimony should be paid on an ongoing basis, with no fixed end date.
Issues related to disabilities that may be addressed during a divorce
When a spouse has a disability, a variety of evidence may need to be considered during the divorce process. Medical records, work history information for both spouses, testimony about a person’s physical limitations, and details related to the costs of future care may be relevant. If a spouse claims they cannot work because of a disability, the court may look at whether the disability is temporary or permanent, whether it limits all employment or only prevents a person from working in certain jobs, and whether the person receives Social Security Disability Insurance or Supplemental Security Income.
As a couple works to negotiate a divorce settlement, they may need to consider a variety of issues related to a disability. They may need to determine how to ensure that a spouse will be able to maintain health insurance coverage and how out-of-pocket costs related to treatment will be handled. Issues related to accessibility may need to be addressed, including home modifications or other accommodations. All of these concerns may influence decisions about spousal support.
How decisions about property division may be affected by a spouse’s health and financial needs
Property division and alimony are separate issues that will be addressed during a divorce, but concerns related to these issues will often overlap. In general, all of the assets a couple owns together, including money or property earned or obtained during their marriage, will need to be divided fairly and equitably.
A spouse’s disability may influence property division in several ways. Courts may consider each spouse’s economic circumstances, and a disabled spouse who has a limited ability to work may receive a larger share of certain marital assets to ensure that their needs will be met. For example, a court might award a greater share of liquid assets, such as cash or financial accounts, to a disabled spouse who will need to pay ongoing medical bills. In some cases, a disabled spouse may receive a greater share of marital assets instead of receiving alimony payments.
Other types of assets may also need to be considered. Retirement accounts may be divided in a way that will provide each spouse with financial resources later in life. A disabled spouse may wish to retain ownership of their marital home to ensure that they will have the proper living accommodations. A couple may also need to determine how awards for personal injuries may be divided. Compensation for lost wages during the marriage may be treated differently from compensation for future medical expenses or pain and suffering.
Addressing state laws and the individual facts involved in a divorce
While a spouse’s disability is likely to be an issue that will affect the outcome of a divorce, each case is unique. In some divorces, a disabled spouse may receive a larger share of marital property, ongoing alimony payments, or both. In others, a court may find that because of the assets and benefits available to a disabled spouse, alimony will not be necessary. The specific laws in the state where a couple lives may determine how these issues will be handled.
Should you be in the midst of a divorce or contemplating divorce, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE one hour no obligation consultation.
wtvc.com