What Protections Does a Disabled Person Receive in a Divorce?

 Posted on April 26, 2020 in Divorce

The decision to divorce may be more difficult than normal if you are someone with a disability. Though you may be unhappy in your marriage, you may also worry about whether you will be able to support yourself after a divorce. You may rely on your spouse’s income and health insurance if you are unable to work or are limited in your ability. If you have children, you may wonder whether your disability will limit your parenting time. Your disability does not have to trap you in an unhealthy marriage. Illinois divorce laws can help support you financially and protect your parental rights.

Support Payments

In any divorce, a person who is financially dependent on their spouse will usually receive spousal maintenance to support them as they adjust to life on their own. Spousal maintenance is particularly crucial for someone with a disability because they may:

• Be unable to work or generate a steady income
• Have frequent healthcare expenses
• Require assistance at home
• Use equipment to treat their condition and accommodate their disability
• Feel forced to continue paying to live in a home that has already been modified for them

Your disability benefits may not be enough to cover all of your expenses, but spousal maintenance can help cover the remaining cost. You can either negotiate with your spouse on the amount and duration of your maintenance payments or allow the divorce court to decide for you.

Parental Rights

Illinois divorce laws cannot discriminate against your parental rights based solely on your disability, but your capacity as a parent may affect your parenting time. Your ability to meet your children’s needs is one factor when a court decides how to divide parenting time. The court may determine that it is more appropriate for your spouse to have a majority of the parenting time if your disability prevents you from being able to care for your children on your own.

As far as child support, you will still be expected to pay it as long as you are receiving some income or benefits. However, the amount you owe will be proportionate to your comparative incomes. If your spouse earns far more money each month, your payments should be smaller than what they are required to pay towards child expenses.

Contact a St. Charles, Illinois, Divorce Attorney

A divorce agreement should be designed to meet your needs, whatever they may be. A Kane County divorce lawyer at Goostree Law Group understands how important getting your divorce agreement right is to the rest of your life. To schedule a free consultation, call 630-584-4800.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59