Today I’m going to share with you I am Disabled and My Husband Wants a Divorce: What to Do
Divorce is defined as the legal termination of a marriage. It is, as one can expect, a devastating and economically draining process for both parties involved.
If either spouse is disabled, your divorce situation can be more complicated than you would want it to be. “I am disabled and my husband wants a divorce, what can I do to ensure my well being?” is a reasonable question to nag you in your time of emotional distress.
A well-researched dive into the process can really help smoothen out the extremely rough journey that disability and divorce can prove to be.
I am Disabled and My Husband Wants a Divorce: What to Do?
Divorce is unquestionably a daunting procedure. A well-planned approach is required to get the best out of it. If I am disabled and my husband wants a divorce, my first step is going to be an evaluation of my present lifestyle and planning for the future. Take an in-depth dive into your present lifestyle and daily routine.
Note if your husband is currently involved in your basic day to day activities like brushing your teeth, walking, taking a bath, etc. meaning if he is involved in helping you deal with your handicap daily.
If yes, in what way and how do you think those needs will be fulfilled after your split. The inevitable question of if, how and in what capacity can your spouse help you after your divorce under any provisions for spousal support for disabled spouses is next.
If your disability causes a hindrance in your routine activities like doctor appointments, eating, etc., make a list of said routine activities which you feel you cannot do alone and try figuring out if there is any way they can be met post your split with your spouse and if there is anyone who can help you with these after your divorce.
For instance, can a family member help you or if you need a part-time or full-time caretaker for the same. If there is no family member available to attend to your needs and there is no other way than hiring a professional that you may not be able to afford, calculate how much the medical help will cost.
If this amount cannot be supplemented by your personal income, you can appeal for it to be included in your spousal support for disabled spouses or apply for government assistance. The effect of one spouse’s disability on spousal support is a discussed topic.
If your personal income is not enough to cover your medical needs and your spouse earns more than you do, you may have a better chance of getting help with your medical needs through your spouse post your split as well in the form of alimony for disabled spouses.
Your needs post-divorce should be discussed thoroughly throughout your separation. To be prepared, visit a spousal support attorney to determine your standing in the divorce in terms of your eligibility for alimony for disabled spouses.
Alimony for Disabled Spouse:
Alimony can be defined as financial support or maintenance that one spouse is ordered by a court to give the other following their divorce. It is generally provided by the more financially stable party to the other if the latter was dependent on them for their basic needs and standard of living during their marriage.
If you have a disability that makes you unable to work, the court sees it as having lower earning potential than your spouse which gives you a stronger argument while appealing for alimony as spousal support for a disabled spouse.
There is a rough way to understand the vague figure that will be obtained as alimony for disabled spouses after divorce. The financially weaker and disabled party can be entitled to spousal support for disabled spouses for a certain percentage of the total months of the marriage.
For instance, a marriage that has lasted between five and ten years, the needy party may ask upto sixty percent of the months of marriage. A greater percentage comes with a longer length of the marriage.
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Divorce Disability Insurance:
Your spouse may be even entitled to pay for your health care coverage. Providing health insurance is a significant amount of money and can prove to be a burden and if you can get any help, one should try our best to get our hands on it.
This is where divorce disability insurance comes into the picture. Divorce disability insurance covers the costs as stated by the court after the divorce if the payer becomes permanently injured.
This is more common in cases where only one spouse is earning and the other is completely dependent on spousal support to ensure that there is no major hit to the dependent spouse’s life if the payer is faced with unavoidable physical circumstances.
Effect of Divorce on Governmental Benefits:
If you are unable to work and are a part of any social security disability benefits or supplemental income from Social Security, you may be wondering how those arrangements change post-divorce.
Let’s explore SSI first. SSI stands for Supplemental Security Income and it can be defined as a federal income supplement program that is funded by general tax revenue. It is important to note that these funds are not obtained through social security taxes. They have been created to help disabled and aged people who have little to no income.
This program aims to only provide monetary resources to meet basic ends like food, clothing, shelter, etc. meet. If you are a part of the SSI or supplemental security income program, the court considers your need to obtain benefits increases post ssi disability divorce.
This is due to the fact that after the termination of your marriage, you are considered to be solely responsible for your income instead of the former family income which included your partner’s monetary resources as well. The division of your shared assets might prove to create a setback for your cash flow.
You can have your benefits increased post-divorce corresponding to the division of property and assets in your divorce.
On the other hand, if you are a part of the SSDI scheme, your situation will not be affected post-divorce. SSDI stands for Social Security Disability Insurance. SSDI is funded by FICA Social Security payroll taxes and they work differently than your regular SSI scheme.
Enrolled people accumulate work credits throughout their working life and then earn from the collected amount. It is extremely crucial to keep in mind that only people who have worked within the past five years are eligible for social security disability insurance.
If you have no working experience whatsoever due to the nature of your disability, it is favourable to apply for SSI rather than SSDI.
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While looking at government assistance programs for disabled people like SSI disability divorce, look into Medicare as well and list out the programs that you may be eligible for. If you are a disabled veteran, the Veterans Administration may offer caregiver facilities as well as numerous other health care services.
You may qualify for care at a VA hospital along with the state and federal government’s public assistance programs. Other minor benefits like food stamps can also be obtained. Have a conversation with your lawyer to ensure that you are obtaining all benefits from the opportunities that are open to you. The government tries to ensure that disability and divorce do not add up to disaster.
Disability and Custody Battles:
Child custody is the legal term that refers to the guardianship of the child or children of divorce and the legal and practical relationship that he, she or they will proceed to have with both parents post the separation.
Child custody battle results are solely based on the best interests of the development of the child. Disability and divorce do not actually have a negative impact on custody. Being disabled will not affect your battle unless and until the disability poses a hindrance in your ability to provide for your child.
If one parent is chronically hospitalized and does not have the appropriate resources to take care of themselves, the court may see this as their inability to take care of their child.
Disability and Divorce Settlement:
Divorce court battles are nerve-wracking and tedious, even more so if you are living with a disability, and that is why many couples try to negotiate a divorce settlement and then get it approved in court to save time, money and energy. Disability and divorce settlements do not need to be a compromise or be unfair.
Both parties are advised to get attorneys to represent their interest and cover all bases including alimony, division of assets, etc. Ensure that there is no vague language used in the document before finalizing it. If your settlement agreement does not reflect any major bias or discrepancies in its clauses, getting approval from a judge should not be hard.
Frequently Asked Questions:
Some frequently asked questions regarding disability and divorce have been answered below:
1. Will Divorce Reduce My SSI Disability Divorce Situation?
No, in turn, you may be able to increase your resources as now your personal income becomes the only source for your cash flow rather than the combined income of both you and your former spouse.
2. Is There an Increase in Alimony for Disabled Spouses?
If the personal income of the disabled spouse is not enough to cover their medical maintenance, it can very well affect the amount of money the financially more stable counterpart needs to pay under spousal support for disabled spouses.
3. What Is the Full Form of SSDI?
The full form of SSDI is Social Security Disability Insurance.
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Ending the Article:
Divorce is a rough patch in one’s life which hits both non-disabled people and disabled people. Disabled people face a unique set of hurdles in the already steep course of divorce but that in no means should make you feel that you are entering a divorce battle with an added disadvantage.
A little more effort and research, surrounding yourself with people you love and trust and finally formulating a plan approaching each detail in your divorce like ssi disability divorce, alimony or spousal support, divorce disability insurance, etc. and you should be well-prepared to face your spouse in court.