Can You Get A Divorce If Your Spouse Is Disabled?

When your spouse is unable to care for himself/herself, walk, and perform other basic daily tasks, you may wonder, “Can I get a divorce if my spouse is disabled?” The short answer is: While it is possible to get a divorce when your spouse is disabled, divorcing a spouse with a disability can be challenging.

That is why it is advisable to contact a knowledgeable attorney to help you understand your rights when divorcing a disabled spouse in Florida. Speak with our Orlando divorce attorney at the Law Offices of Steve W. Marsee, P.A., to make sure that you know everything you should expect when divorcing a spouse with a disability.

Can You Divorce a Spouse with a Disability?

Depending on the severity of the disability, a disabled person may be unable to walk, get dressed, use the bathroom, and perform other basic activities of daily living on their own. Many disabled persons rely on a caregiver, who is often the disabled person’s spouse.

In some cases, the caregiver spouse has to be a full-time caregiver in addition to assuming the role of a breadwinner to provide for themselves, their disabled spouse, and their children. Understandably, caring for a disabled spouse can be both physically and mentally exhausting, which is why some people consider divorcing their spouse to move on.

While there are no laws prohibiting you from divorcing a spouse with a disability in Florida, doing so can be tricky. Below, we will discuss everything you need to know about divorcing a disabled spouse in Florida.

Things to Expect When Divorcing a Spouse with a Disability

If you are considering getting a divorce when your spouse has a disability, you need to understand that you may not be able to get a clean break once and for all.

Depending on the severity of your spouse’s disability and whether or not your spouse has other family members (parents, siblings, etc.) to become their caregivers after your divorce, you may be ordered to provide:

• Spousal support. Once your divorce is final, you may be ordered to pay spousal support to offset the costs of hiring a caregiver to care for your disabled ex-spouse. Your alimony payments may also cover your disabled spouse’s expenses for food, shelter, and clothing. Depending on your spouse’s disability, you may be ordered to pay durational or permanent alimony.
• Health insurance. Unless your disabled spouse qualifies for Social Security Disability Insurance and Medicare, you may be ordered to provide health insurance for your spouse even after your divorce is final. This can put a strain on your budget, especially if you were ordered to pay spousal support in addition to providing your disabled spouse with health insurance.

Many people who want to divorce their disabled spouse are hesitant to do so simply because they worry about “what other people will think” if they divorce a spouse with a disability.

Contact an Orlando Divorce Attorney

Do not hesitate to schedule a consultation with our Orlando divorce attorney to discuss everything you need to know about divorcing a spouse with a disability. Our experienced and skilled lawyer at the Law Offices of Steve W. Marsee, P.A., will review your particular situation to help you understand your options. Call 407-521-7171 for a confidential, no-obligation consultation.