A spouse’s mental health can affect your divorce. Here’s how mental health issues affect divorce and spousal support in California.
California is a no-fault divorce state, meaning one spouse cannot be considered as the reason or at-fault for the divorce. However, mental health issues can serve as grounds for divorce, which may occur if a court deems a spouse legally incapacitated.
Defining Legal Incapacitation As Grounds for a California Divorce
Mental health is emotionally taxing on the family and friends of an individual dealing with these issues, especially to the spouse. Although complicated, mental health issues can be the sole reason for divorce.
A legally incapacitated person cannot make decisions rationally for themselves due to severe physical or mental limitations. A guardian or a ward of the state of California acting on behalf of the individual has to make all decisions for them, including but limited to:
- marriage,
- medical choices,
- finances,
- other binding contracts.
Certain mental health issues, such as incurable insanity, can classify a person as legally incapacitated as grounds for divorce. At least three mental health care professionals may have to testify the spouse cannot make logical decisions due to incurable insanity. Common attributes of incurable insanity may include but are not limited to:
- incoherent communication, thoughts, and actions
- an inability to reach stabilization of moods and awareness.
How Mental Health Issues Impact Spousal Support in California
Factors including each spouse’s age, finances, physical state, and mental wellbeing may be considered when determining alimony. Emotional health and stability become a critical factor in a California court’s spousal support calculation in divorce.
A person affected by mental health issues may face difficulty holding down a job, having insurance to cover doctor’s appointments, and paying for medication. A judge may consider an individual’s financial hardships as a result of mental health issues when determining alimony. A California judge may rule to grant additional spousal support for legally incapacitated individuals’ medical costs.
Related: Spousal Support FAQs in California
Why would a judge give more spousal support to an incapacitated individual?
A legally deemed incurably insane individual may require long-term care and treatment, which may be very expensive. Disability benefits and national medical insurance may cover part of the cost of treatments but likely will not cover all required care. When determining alimony, a judge attempts to ensure both spouses will maintain their marital standard of living after divorce. A mentally ill person may require additional support to maintain their marital standard of living.
Related: Duration of Spousal Support: California Family Code 4330
FAQs about Mental Health Impacting Divorce and Spousal Support in California
Who should I serve the divorce papers to if I think my spouse is legally incapacitated?
Serving the divorce papers to your spouse’s legal guardian (or another individual who can legally act on their behalf) may be best. If your legally incapacitated spouse does not have a legal guardian, the papers must be served to your spouse directly.
Related: How to Serve Divorce Papers in California
Does my spouse have to be incurably insane at the time of the marriage, at the time of filing the divorce, or both?
The spouse must have a diagnosis of insanity from an experienced psychiatrist when serving the divorce papers. The spouse must be unable to make decisions for themselves for an extended period of time.
Will medical insanity be a reason for a divorce case to be denied?
A spouse being medically deemed insane cannot prevent a divorce in California.
How does a divorce due to incurable insanity impact child custody?
Courts are not able to grant custody to a parent who is deemed legally incapacitated. Any display of mental instability, irrational life decision-making, and the inability to have a stable living situation are all means for a court to not grant custody to a spouse.
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If you or a loved one would like to know more about how mental health issues can affect divorce in California, get your free consultation with one of our divorce attorneys today!\