What to Do If You’re Disabled and Your Husband Wants a Divorce
Clients who tell us, “I’m disabled and my husband wants a divorce” often have many questions regarding how their disability will affect their divorce and vice versa. Here’s what to do if you’re disabled and your husband wants a divorce.
If you’re disabled and your husband wants a divorce, consider how your husband currently helps you with your disability and think about how your needs will be met post-divorce.
Will your husband continue caring for you after divorce?
The main thing you should determine is whether your husband will continue caring for you, in any capacity, after the divorce. Before the divorce, you must assess how your needs will be met if your husband will no longer uphold responsibilities that you are unable to handle yourself.
Consider Who Takes Care of You
If your disability prevents you from performing certain tasks, consider who currently assists you with these activities. These activities can include helping you get in the shower, taking you to doctor’s appointments, running errands for you, etc. Compile a list of activities that you cannot complete independently, and consider whether those needs will still be met post-divorce. Your disabilities and how they will be met should be a topic discussed throughout your divorce.
How will your needs be met after the divorce?
After you’ve compiled a list of activities that you’re going to need help with post-divorce, figure out who will help you with these tasks. Ask a family member, or consult a professional caretaker for part or full-time help. Once you’ve determined who will be caring for you, ensure your divorce terms fulfill your needs.
Plan Ahead
Determine what your exact arrangements will be post-divorce. Will a family member care for you with the help of a part-time professional caretaker, or will you hire a full-time caretaker? Estimate how much the caretaker will cost and how you’ll be paying them. Do you have enough personal income to pay for these bills, or will you need spousal support or government assistance? These are questions you should be asking and have answered before your divorce is finalized.
Does My Disability Affect Spousal Support?
While your disability does not directly determine if your eligibility for alimony, a judge may make a spousal support order if you’re unable to pay your medical bills with your personal income. If your spouse earns more than you, a judge may order your spouse to pay you alimony if you cannot afford to pay medical bills with your personal income. Every situation is different, so contact a spousal support attorney to determine if you’ll be eligible for alimony.
FAQs About Disability and Divorce
Can a wife who is on disability get alimony from her husband in a divorce?
Yes. If a wife’s disability income is not enough to sustain her pre-divorce standard of living and if her spouse earns more than her, a judge may order her husband to pay alimony.
I am disabled and my husband wants a divorce. Can I get spousal support in California?
Yes, a spouse on disability may also be eligible for spousal support. If a spouse’s personal income, including disability benefits, is not enough to manage their expenses and the other spouse has enough income to pay those expenses, a judge may order spousal support.
Contact Us
If you’re disabled and your husband wants a divorce, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Your first consultation is free.