Divorcing a Disabled Spouse has special emotional and legal obstacles. Simplifying the process can be achieved by being thoroughly aware of important topics such as spousal support, Social Security disability insurance (SSDI), and your spouse’s handicap status.
It’s crucial to first comprehend how SSDI and Social Security benefits operate. They may be getting Social Security Administration payments if they are handicapped. These advantages may have a big impact on your divorce settlement, especially regarding alimony calculations.
A major component of each divorce is alimony, sometimes known as spousal support. However, because your spouse is incapacitated and cannot work or earn enough money, the court may order you to pay spousal support at a higher rate than in other circumstances. The kind and degree of the handicap, including any physical or mental impairment, as well as the prospective income of the disabled spouse, may have an impact on this.
Payment of child support is another important consideration. If you are a parent, the court will take into account your children’s requirements, your income, and the disabled parent’s ability to pay child support. This is another situation where SSDI benefits may be applicable, as they have the potential to reduce certain child support obligations.
Health insurance is an additional important factor. After a divorce, you might have to keep your spouse covered by health insurance, which could have an effect on your finances. When dividing up assets, commercial interests, if any, should also be taken into account.
Finally, the divorce agreement may change if you are aware that your disabled spouse may qualify for government support. Higher alimony or child support payments might not be necessary if certain resources or programs are available.
Is Divorcing a Disabled Spouse Worth It?
Their partner may be entirely dependent on one or all of their needs, including basic care, income, and health insurance, depending on the severity of their impairment. One should anticipate continuing to help their disabled spouse financially even after their divorce by paying spousal support and other bills. It’s critical to comprehend the potential effects of their condition on the divorce, the financial obligations you have to them, and any additional services or providers who might be able to assist.
One must know
Determine the care needs of the impaired person.
The cost of caring for a disabled person can be very high, therefore the court will want to make sure your spouse has enough support after your divorce.
A thorough evaluation should be performed to determine how much care your spouse needs, what their everyday requirements are, what they can do independently, and what they will require assistance with. You might still need to think about outside professional services even if your divorce is peaceful and you fully want to continue being a supporting part of their life after the divorce. One important consideration in your divorce settlement may be the price of these services.
Recognize that spousal support might last forever.
There will be a compelling argument for you to keep providing financial support if your spouse does not make enough money to sustain themselves. Spousal support orders are frequently issued by courts in divorce cases involving disabled spouses.
Spousal assistance can take many forms and have different lengths depending on the state. You can be required to provide lifetime spousal support if your spouse’s incapacity is predicted to last a lifetime. Dependent on expenses and handicap, spousal support for spouses with disabilities is typically more.
Create an SNT (Special Needs Trust).
Be aware that there are asset and income restrictions for obtaining and keeping government assistance if your disabled spouse is seeking for or is already receiving them.
These caps may be surpassed during the property division and spousal support phases of a divorce, which would prevent the disabled person from receiving government assistance for their medical requirements and other necessities.
Fortunately, there might be a way out. Federal assistance programmes do not take into account the disabled spouse’s portion of the divided marital property or spousal support if there is a special needs trust in place. Their resources and assistance may be deposited into a Special Needs Trust (SNT), overseen by a trustee who will utilise the money to cover the costs and provide care for the impaired person.
You may learn more about how a special needs trust functions and why it can be an invaluable tool in this case by speaking with an estate planning expert.
Establish your eligibility for Medicare.
The Social Security Administration oversees Medicare, a health insurance programme for people over 65 and those who receive Social Security Disability Insurance benefits.
When your disabled spouse loses their access to health insurance following a divorce, Medicare can help cover the cost of medical supplies and care. However, if your spouse isn’t qualified for Medicare, you might be required to give your disabled spouse either a temporary or permanent health insurance benefit.
Find out about retirement benefits from Social Security.
Older people who have contributed to the system are eligible to receive monthly retirement benefits from Social Security, which are determined by their job and salary history. Your special needs spouse may be eligible to begin receiving benefits at age 62, even though the highest payments are awarded to individuals who wait until the full retirement age or later.
If your disabled spouse is over 62 and you were married for ten years or longer, and they have never worked outside the home and are not eligible for their own Social Security benefits, they will still be entitled to half of your payments as an ex-spouse.
Establish your eligibility for the Social Security Disability Insurance programme (SSDI)
A Social Security programme called Social Security Disability Insurance (SSDI) provides qualifying individuals with disability insurance payouts. Those who are disabled must apply for benefits and fulfil the requirements set forth by the government. These payments will be made until the person achieves full retirement age, at which point they will be replaced by Social Security retirement benefits.
In the event that your spouse is currently receiving SSDI payments, such benefits may only be stopped if their condition has sufficiently improved to allow them to work and make a living wage, which would be deemed “substantial gainful activity.”
When it comes to property split, a couple’s SSDI benefits may or may not be taken into account. SSDI benefits are normally regarded as independent property; however, if monthly checks are put into a joint account, benefits might have to be divided as marital property.
Calculate the SSI benefits due to the disabled person.
Those 65 years of age or older, blind, crippled, or with limited resources can apply for Supplemental Security Income. Medicaid eligibility and SSDI collection are both possible for SSI users.
Since SSI is a needs-based programme, benefits are subject to change based on the individual’s access to additional resources, such as spousal support and the division of marital property.
Read More: Common Law Marriage in South Carolina
FAQ’s
Can I divorce my husband who is disabled?
A divorce can proceed with a disabled spouse as long as someone is named as guardian of the disabled spouse who can negotiate on their behalf. Property Division: In most cases, the division of property, assets, and debts remains the same whether a spouse is disabled or not.
Who loses the most in a divorce?
It is the children who suffer the most and some can even lose trust in their parent(s). The sight of the child suffering or seeing him lose trust in the father and/or mother can be painful for any parent.
How do you deal with a disabled spouse?
Be kind and compassionate and sometimes tolerant of their emotional reactions. Healthy emotional support and care go a long way (with both those with and without a disability), so make sure you are there for your partner. Support them, defend their honor, talk to them if they need it, make them laugh, be their rock.
Do I have to support my husband after divorce?
Spousal support is not automatic: One of the most important things to understand about spousal support is that it is not automatic. In other words, just because you get divorced doesn’t mean you will have to start paying alimony.
Who suffers more after divorce?
Though women tend to take a bigger financial hit from divorce, men often suffer more emotionally and psychologically. Men are more likely than women to suffer from depression after a divorce, and when they experience depression, it tends to consume men more fully than it consumes women.
References
2. https://www.specialneedsalliance.org/blog/when-people-with-disabilities-divorce/
3. https://www.robinsonandhenry.com/colorado/family-law/divorcing-your-disabled-spouse/https://www.specialneedsalliance.org/blog/when-people-with-disabilities-divorce/
4. https://salaw.com/views-insights/disabilities-and-divorce-qa-family-law/