Divorcing a Disabled Husband
Unfortunately, the financial and emotional responsibilities that come with a spouse’s disability can be overwhelming, cause strain on a marriage, and even cause divorce. Here’s how to divorce a disabled husband in California.
When divorcing your disabled husband, its important to consider how your husband can support himself without your help. While you shouldn’t remain in a divorce that makes you unhappy, you should consider and accommodate his disability throughout the divorce.
How do you currently support your disabled husband?
Assess your role in his care. If your husband is disabled, chances are that you support him through his disability. A spouse’s disability can leave the other spouse with many responsibilities to take care of. It’s important to clearly list the ways in which you help your husband so that these responsibilities can be upheld by someone else after the divorce.
List What You Do to Help Him
List the things you do for your husband that his disability prevents him from doing himself. Record daily tasks you perform on his behalf, and also any general responsibilities that you uphold. This can include helping him shower, taking him to doctor’s appointments, and running errands for him. Organize a list of tasks he can take care of himself and other tasks that require the help of another person. These tasks will still need to be completed after the divorce, so clearly list your responsibilities to help plan his accommodations post-divorce.
What services will your disabled husband need after your divorce?
After you’ve assessed and listed your responsibilities in taking care of your disabled husband, consider how these tasks can be fulfilled once he’s no longer in your care. Think about asking someone to fulfill your responsibilities after divorce. This can be a family member or professional caretaker. Your husband’s accommodations should be a topic of conversation throughout the divorce.
Consider Planning His Accommodations for After Divorce
Work with your spouse to determine what the exact arrangements will be. Will a family member take care of your ex-husband sometimes with the help of a part-time professional caretaker, or will he need to hire a full-time caretaker? Get estimates of how much a caretaker would cost and consider making financial arrangements to ensure your spouse is cared for. Evaluate if your husband’s personal income will be enough to cover professional help, or if he needs government assistance. These are all factors you should consider when divorcing your disabled husband.
Spousal Support and Disability
If you are the higher-earning spouse, you may be required to pay spousal support to your disabled husband. A court order may legally obligate you to help cover his medical bills or put your husband on your health insurance plan. These are all legitimate scenarios that you should acknowledge with a divorce attorney.
On the other hand, if your husband earns more than you or is on disability, you may be entitled to spousal support. If you were married to your husband for over 10 years and receive alimony, spousal support payments can be directly deducted from his disability benefits. For how to get spousal support if your husband is on disability, click here.
FAQs About Divorce and Disability
What happens if I divorce my husband and he is on disability?
If your husband is on disability and you’ve been married for over 10 years, you may be entitled to up to 50% of his disability income after the divorce. If a husband on disability passes away, his ex-wife may be entitled to 100% of his disability benefits.
However, the statute of limitations in California for their disabled ex-husband’s benefits is two years. After two years, a wife may not be eligible to collect her ex-husband’s disability benefits.
Will I be entitled to my husband’s military disability after divorce?
No, federal law, specifically the Uniformed Services Former Spouses’ Protection Act, exempts VA disability benefits from being used to garnish spousal support or considered community property.
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If you’re looking to divorce a disabled husband in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter.