I Am Disabled and Want a Divorce: Key Considerations

As a family law attorney with over 15 years of experience, I have guided many clients through the complexities of divorce proceedings. Recently, a client’s situation brought to light the unique challenges faced by individuals declaring, “I am disabled and want a divorce.” This particular case underscored the importance of understanding the intricacies involved when a disabled individual considers divorce.

My client, Sarah, was overwhelmed and uncertain about her future. Living with a disability for years, she was contemplating ending her 20-year marriage. Her primary concerns revolved around financial stability and maintaining her quality of life while navigating both the emotional and legal complexities of divorce.

Understanding Your Rights as a Disabled Spouse in Texas

Texas state law aims to protect vulnerable individuals during divorce. If you’re saying, “I am disabled and want a divorce,” it’s important to know your disability doesn’t diminish your rights. However, it may influence certain aspects of the divorce. This includes government benefits, retirement benefits, or the potential need to pay spousal support due to your spouse’s disability.

Disability and Property Division

Texas is a community property state. This means assets acquired during the marriage are jointly owned and divided upon divorce. When one spouse is disabled, the court considers this when determining a “just and right” property division.

The division of marital property depends on factors unique to the situation. For example, the court might evaluate:

• The disabled spouse’s ability to earn income.

• Medical expenses related to the disability.

• Specialized equipment or housing needs.

In Sarah’s case, she received a larger share of the marital assets. This accounted for her ongoing medical needs and reduced earning capacity.

Spousal Maintenance for Disabled Spouses

Texas law recognizes that disabled spouses may need extra financial support. Under Section 8.051 of the Texas Family Code, a court may order spousal maintenance in certain situations.

A spouse may qualify for support if they:

• Have an incapacitating disability that prevents sufficient income.

• Were married for ten years or more.

• Lack the ability to earn enough to meet basic needs.

Spousal maintenance in Texas isn’t automatic and comes with duration limits. For disabled spouses, courts may extend the support to meet their needs.

Impact of Divorce on Disability Benefits

If you’re saying, “I am disabled and want a divorce,” you may worry about how this affects your disability benefits. Divorce can change your marital or financial status, which may impact certain benefits. Here’s an overview of what to consider for Social Security, SSDI, and related programs.

Social Security Disability Insurance (SSDI)

Divorce usually doesn’t change SSDI benefits or the amount you receive. These benefits depend on your work history and are not means-tested.

If your SSDI is based on your ex-spouse’s work record, you may still qualify after the divorce if:

• You were married for at least 10 years.

• You are at least 62 years old

• You are currently unmarried.

• Your ex-spouse is receiving Social Security retirement or disability benefits.

Supplemental Security Income (SSI)

SSI benefits, unlike SSDI, are means-tested. Divorce could impact your eligibility because of changes to your household income or living situation.

You must report any changes to the Social Security Administration. This helps avoid overpayments or disruptions in your benefits.

Medicare and Divorce

Medicare is essential health insurance for individuals with disabilities. Understanding its implications during divorce process is critical.

Medicare Eligibility: If you receive SSDI benefits, you qualify for Medicare after a 24-month waiting period. If you’re under 65 and not receiving SSDI, you may still qualify through other conditions like End-Stage Renal Disease (ESRD) or ALS.

Medicare Coverage After Divorce: In most divorce cases, divorce does not affect Medicare coverage. However, if your Medicare benefits are based on your spouse’s work history, you might need to find alternative coverage after the divorce.

Medicare Part D and Divorce: If you’re using Medicare Part D for prescription drugs through your spouse’s plan, you may need to switch to a new plan.

Separating from your spouse doesn’t mean losing access to vital health coverage. By understanding Medicare rules, you can ensure you retain essential medical benefits.

Child Custody and Support When Disabled

For disabled parents considering divorce, child custody is a primary concern. In Texas, the child’s best interest is paramount in custody decisions. Your disability alone isn’t grounds for denying custody or visitation. Be prepared for discussing parental rights and modifications. Seek legal counsel to navigate these complex custody arrangements effectively.

The court considers several factors, including the severity of your disability, ability to care for the child, support systems, and the child’s relationship with both parents.

• Your disability’s nature and severity.
• Your capacity to meet the child’s needs.
• Available support systems and equipment.
• The child’s relationship with each parent.

In Sarah’s case, her medical team helped demonstrate her ability to provide care despite her disability. A comprehensive support plan, including family assistance, secured a favorable custody arrangement.

Child support obligations can be affected by a spouse’s disability. Income from disability benefits and childcare assistance needs are factors. The divorce attorneys can help navigate divorce matters within divorce law.

Special Considerations for Disabled Veterans

Disabled veterans going through a divorce have extra things to think about. If you’re a disabled veteran saying, “I am disabled and want a divorce,” it’s important to consider how your VA disability benefits may be affected.

VA Disability Benefits and Divorce

VA disability benefits are usually separate property. They are not divided in a divorce. However, these benefits may be counted as income when calculating support obligations. VA disability payments cannot be garnished for support. But other income, like military retirement pay that was waived for VA disability, might be divided or considered for support.

Assessing Care Needs and Support

It’s important to assess the disabled spouse’s care and support needs during the divorce process. This will help decide the level of care needed and influence decisions about spousal support and other divorce issues.

Evaluating the Disabled Person’s Care Requirements

When evaluating the disabled person’s care needs, you should look at their physical, emotional, and social needs. Some things to consider include:

• Medical Needs: What treatments and services are required? Are there ongoing medical costs?

• Daily Living Needs: What tasks, like bathing, dressing, or cooking, need assistance?

• Emotional Needs: What emotional support is needed during and after the divorce?

• Social Needs: What social activities or interactions should be maintained?

By fully evaluating these needs, you can make sure the disabled spouse gets the support and care they need. This can affect decisions about spousal support and other parts of the divorce.

Protecting Your Interests: Legal and Financial Planning

If you’re disabled and thinking about divorce, it’s important to protect your interests. Plan for how health insurance, medical equipment, and joint accounts will be handled in the divorce.

Courts decide what counts as marital property based on when it was acquired. Timing is key to how property is divided.

Many divorce lawyers have experience helping disabled people. Disability advocacy groups can also provide support and resources to guide you through this difficult time.

1. Consult with a Specialized Attorney

Seek a family law attorney specializing in cases involving disabled spouses. They provide guidance on navigating your unique legal situation.

2. Gather Comprehensive Medical Documentation

Collect medical records and expert opinions detailing your disability and its impact. This information is essential during negotiation and court proceedings.

3. Consider a Special Needs Trust

If you receive means-tested benefits (SSI, Medicaid), consider a Special Needs Trust (SNT). An SNT protects benefit eligibility while allowing you to receive support.

4. Plan for Long-Term Care

Discuss long-term care with your attorney. This might involve planning for future medical expenses, assisted living, or in-home care.

5. Review and Update Estate Planning Documents

After divorce, review your estate planning (will, power of attorney, healthcare directive).

Housing and Health Insurance Concerns

Housing and health insurance are critical concerns for disabled spouses during the divorce process. Ensuring that these needs are met can help alleviate stress and uncertainty.

Housing Options for Disabled Individuals

Finding housing can be harder for disabled individuals. It’s important to explore all options during the divorce process. Some choices include:

• Section 8 Housing: A government program offering affordable housing for low-income people. Also considers those with disabilities.

• Disability-Specific Housing: Some organizations provide homes designed for disabled individuals. These homes may include features like accessible bathrooms and wheelchair-friendly hallways.

• Home Modifications: An existing home can sometimes be modified to make it safer and easier for a disabled spouse.

Talk to a qualified attorney and a disability advocate to make sure your housing needs are met. Proper planning can provide stability during and after the divorce.

FAQs about “I Am Disabled and Want a Divorce”

Conclusion

Divorce while disabled can be challenging. But with the right guidance, you can achieve a fair outcome. If you’re saying, “I am disabled and want a divorce,” remember that you have rights and options.

It’s important to work with professionals who understand your needs. They can help you plan for your future and protect your well-being. For someone like Sarah, focusing on long-term stability is key. In some cases, a spouse may need to provide support for healthcare and other essential needs.

Sarah faced many challenges during her divorce. By addressing her disability and its impact, we secured a settlement that gave her financial stability and support.

Each case is unique. Your disability, marriage, and financial situation will shape the process. So, seek help to understand what counts as marital property and whether you qualify for government or other benefits.

With careful planning, you can move forward confidently. Speak to experts about dividing assets, receiving Social Security, or qualifying for SSDI benefits. Taking these steps ensures you’re prepared for the next chapter.

If you’re ready to take the next step, our experienced divorce attorneys in Texas are here to help. We can guide you through the divorce process and ensure your unique needs are addressed. Call us at (888) 584-9614 or contact us online to get started today.