Divorce for Disabled Adults

 Posted on January 27, 2024 in Divorce

If you have disabilities, you may feel that being disabled is a barrier to divorce. Many disabled adults who cannot work much - or at all - are financially reliant on their spouse and fear that they will not have the money they need to meet their basic needs should they get divorced. Some also rely on their spouse to provide personal care. Understandably, many adults with disabilities worry about what their life would look like without their spouses. Sadly, disabled adults can become vulnerable to spousal abuse and may feel like their only option is to stay. This is not the case at all. Illinois law states that your marital property must be divided in a way that is fair and equitable, and in many cases, spouses with disabilities are eligible for spousal support after ending the marriage. It is important to work closely with an experienced Naperville, IL, divorce attorney if you have these concerns

Spousal Support for Divorced Adults Who Cannot Work

If you are not able to work at all, or you are so limited in the work you can do that you cannot earn enough to provide for your basic needs, you might be entitled to spousal support. Illinois law explicitly states that the court should consider each spouse’s ability to work and support themselves when deciding whether to award alimony. Your disability is likely to be very relevant in this determination. Illinois public policy also deems ensuring that neither spouse will become destitute after divorce an important goal

How Disability Can Impact Equitable Distribution

Illinois law says that marital assets must be distributed in a way that is fair and equitable, taking into consideration the needs of each spouse. Your needs are likely quite different than your non-disabled spouse’s. For example, your marital home may be specially equipped to be accessible to you. You may have ramps and a stair lift installed to accommodate your wheelchair or a special doorbell and fire alarm that sets off bright lights rather than sound to accommodate your deafness. When deciding which party should be allowed to keep the marital home, they will consider your particular needs. If moving and setting up a new accessible residence would be difficult or cost-prohibitive, you will likely stay in your home

The court will also consider your support needs when distributing other assets. It may find that you are more in need of some assets than your spouse, who has a stronger earning potential

Contact a Will County, IL, Divorce Lawyer 

Law Office of Ronald L. Hendrix, P.C. is dedicated to helping disabled adults get divorced. Our caring Naperville, IL, divorce lawyers will do all we can to help you maintain your standard of living after your divorce. Contact us at 630-355-7776 for a complimentary consultation