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:
- The disabled spouse’s inability to earn a living wage
- Their ongoing medical expenses and special care needs
- The duration and stability of their disability
- The length of the marriage and standard of living during the marriage
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:
- Protecting eligibility for government assistance programs like Medicaid, Supplemental Security Income (SSI), or other benefits that are income or asset-sensitive.
- Recognizing that some disability benefits are not considered divisible marital property, while others may be partly subject to division.
- Deciding who will be responsible for maintaining specialized medical equipment or home modifications made during the marriage.
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:
- The parent's ability to safely care for the child
- Whether accommodations are needed to assist the disabled parent in their parenting responsibilities
- Any impact the disability may have on the child’s day-to-day care
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
