Magnuson Lowell Blog
Each week we post a blog about relevant legal issues. Glance through our various topics to learn more about a particular legal situation.
These articles are for limited informational purposes only and are not, nor are they intended to be, legal advice. You should not rely on this information for your case and should consult with an attorney for advice regarding your individual situation.
Divorce is rarely straightforward, and when one spouse has a disability, the process can become even more complex - emotionally, legally, and financially. Whether the disability is physical, mental, or cognitive, it can impact everything from spousal support to property division and parenting plans. Understanding how disability factors into divorce can help you prepare for the unique challenges ahead.
Spousal Support May Play a Larger Role
In Washington, spousal maintenance (also called alimony) is determined based on one spouse’s need and the other’s ability to pay. When a disabled spouse is involved, courts often give additional weight to:
In many cases, spousal support awards may be higher or last longer than they would in a typical divorce to ensure the disabled spouse is not left financially vulnerable.
Dividing Property and Access to Benefits
Marital property is still subject to Washington’s community property laws, but disability-related assets and benefits may require special handling. Important issues to consider include:
An experienced divorce attorney can help ensure that dividing assets does not unintentionally disqualify a disabled spouse from receiving necessary benefits.
Parenting Plans and Custody Considerations
When children are involved, the court’s focus remains on the best interests of the child. A parent’s disability alone is not a reason to deny custody or visitation rights. However, the court will consider:
If necessary, parenting plans can be customized to provide extra support while preserving a strong parent-child relationship.
Negotiating with Compassion and Realism
Divorcing when disability or illness is involved often requires more patience, flexibility, and creativity in negotiations. Both spouses should focus on finding solutions that allow the disabled individual to maintain independence and dignity while fairly dividing shared responsibilities and resources.
Mediation or collaborative divorce may offer a less adversarial path, especially when both sides are willing to work together to craft practical and compassionate agreements.
Work with an Experienced Washington Divorce Attorney
If you or your spouse is disabled and considering divorce, it’s important to work with an attorney who understands the complex legal and financial issues involved. At Magnuson Lowell, P.S., we offer thoughtful, experienced representation for clients facing these challenges.
We offer free telephone case evaluations to help you understand your options and plan for the future with confidence. Contact us today to discuss your situation and learn how we can help 425-800-0582