There is evidence that divorce rates increase with the onset of a disability in one or both partners. People are living longer than they were a few generations ago, which means chances are higher that at some point during the marriage, one of the spouses will be diagnosed with a debilitating life changing medical condition. The complications that arise from such a life-altering occurrence can be quite stressful on a relationship and may ultimately contribute to its demise.
With the onset of a medical condition changes are inevitable and often these changes lead to divorce. When divorcing a spouse with a medical disability, a different set of factors must be taken into account. Issues such as division of assets, child custody, and spousal support become a bit more difficult. Due to the complicated nature of the legalities involved, it’s imperative that the parties enlist the services of a divorce attorney for people with disabilities.
Why is it important to find an attorney who specializes in representing people with disabilities? To begin with, the disabled spouse may have been relying on their partner for daily aid and/or financial support.
Setting up a support system for the disabled individual’s care is critical to their ability to get all of their needs met once they’re on their own. An attorney can create a special needs trust, SNT, that can hold their share of the marital assets as well as receive any monthly alimony payments.
In addition, there are a number of government programs, like social security, SSDI, Medicare, Medicaid, VA benefits, and more that can help provide support for someone with special needs who is getting divorced. When dealing with complex social service programs, you are far better off working with a professional who has knowledge, past experience and relationships with other business professionals to advocate for the disabled.
Getting or Giving the Needed Support
Getting divorced is not an overnight process, but divorce attorneys are familiar with the laws in the state in which they practice and can help guide couples through all of the necessary steps. When there are folks with disabilities involved, the attorney they choose should go the extra mile in helping them to receive all the post-divorce assistance they will need.
At Buncher Family Law, we understand that divorce can be scary due to the many unknowns, which is why we’re committed to transparency and communication with our clients. We also strive to provide resources on our website to answer some of the most common questions such as, “Does it matter who files for divorce first. Or, “Should you move out of your home to keep the peace?”
We invite you to peruse the website to learn more about our team, get some of your questions answered, or request a consultation should the need arise.