How Do I Divorce a Spouse with Alzheimer’s?

 Posted on February 07, 2025 in Divorce

When a spouse is diagnosed with Alzheimer’s or dementia, the future can look fairly bleak – both for the diagnosed spouse and for the healthy spouse. The disease may progress quickly or more slowly and can change most aspects of a marital relationship. Those with spouses who are diagnosed with Alzheimer’s may find their role in the marriage has completely changed – and can be overwhelmed by the changes and the added responsibilities.

Along with dealing with changes to the relationship, a spouse who makes the hard decision to divorce his or her spouse with Alzheimer’s will also likely face judgment from others. Family members, friends, and even strangers may pass judgment on your decision to divorce.

It can be hard to remember that they are not privy to your day-to-day life and have no idea about the challenges. There are additional steps to be taken once you decide to divorce a spouse who has Alzheimer’s. A Will County, IL family law attorney can help you through the process with the best outcome possible.

What Are Some of the Symptoms of Alzheimer’s?

While symptoms differ from person to person, some of the most common symptoms associated with Alzheimer’s include:

•  Confusion
• Loss of short-term memory with progression to loss of long-term memory
• Changes in behavior
•  Paranoia
• Aggression
• The inability to care for oneself, even the most basic tasks like eating and getting dressed.
• Getting lost, even in a home the individual has lived in for decades.
• In some cases, the person with Alzheimer’s can pose a danger to himself or herself and others.

Divorcing a Spouse with Alzheimer’s is Legally and Emotionally Complex

The cognitive decline experienced by a person who has Alzheimer’s can cause anxiety and confusion, making it difficult for them to understand what is happening. This lack of comprehension can lead to legal questions regarding whether the individual with Alzheimer’s has the ability to make decisions on his or her behalf regarding the divorce. It is imperative that the person whose mind is not working clearly is not taken advantage of during the division of marital assets and the determination of spousal maintenance.

Grounds for Divorcing a Spouse with Alzheimer’s

Since no-fault divorce has replaced fault divorce, there is no need to cite specifics when divorcing a spouse with Alzheimer’s. The spouse filing for divorce must only cite irreconcilable differences. Since Illinois is an equitable distribution state, there must be a fair distribution of marital assets. If the spouse with Alzheimer’s is unable to understand the process or advocate for himself or herself, a guardian can be appointed.

Even when a spouse can no longer manage his or her own finances, that spouse still has a legal right to a fair share of the marital assets. The healthy spouse will negotiate a settlement with the guardian, and depending on the finances of each party, this settlement may include spousal support. If the healthy spouse is still working and earning a living, a certain percentage of that income may be required to be paid to the guardian, who will use the funds to pay for the expenses of the spouse with Alzheimer’s.  

Contact a DuPage County, IL Divorce Lawyer

If your spouse has dementia and you believe you have no choice but to divorce him or her, the importance of experienced legal counsel cannot be overstated. When you have a Naperville, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C., you can be sure that every aspect of the divorce will be accomplished with skill and compassion. Attorney Hendrix brings these qualities to the table as a court-appointed mediator who holds a master’s degree in guidance and counseling in addition to his law degree. Call 630-355-7776 to schedule your free consultation and discuss your divorce.