My Spouse Needs to Go Into a Nursing Home: Should I Consider Divorce in Orlando?

Many spouses experience very different health journeys. While you might remain relatively healthy and mobile, your spouse may have declined notably within the past few years. Perhaps you find yourself working as a full-time caregiver, and this could be affecting your relationship. If it’s time to transfer your spouse to a nursing home, you have several options. You could potentially join your spouse in a long-term care facility, or you could remain in the family home and try your best to continue the relationship despite living separately. What about divorce in Orlando?

Consider What Type of Health Issue Your Spouse Has

First, you should consider what type of health issue your spouse has. If they have developed dementia, divorce could be a complex legal process. In order to actually participate in a legal process like divorce, your spouse needs to understand what is happening. Since dementia is a type of mental incapacitation, the court may not recognize their signature, testimony, and other forms of participation in a divorce.

That said, it is possible to divorce a spouse with dementia. First, you need to establish that your spouse has been mentally incapacitated for at least three years, as this allows you to file on the grounds of mental incapacity. However, your spouse still can’t participate in the divorce process. As a result, your spouse will need a court-appointed guardian to represent them during the legal process. The process of obtaining guardianship is a separate legal process that can make the divorce more time-consuming and expensive.

The Implications of Divorcing a Disabled Spouse

Generally speaking, courts try to protect disabled spouses from the financial effects of divorce. In the eyes of the court, you should shoulder some responsibility for supporting your spouse instead of simply letting the taxpayer care for them. If you divorce a disabled spouse with dementia or other health concerns, you might face significant property division and alimony obligations.

Florida courts consider the health of each spouse when approaching the equitable distribution process. While permanent alimony has been abolished in Florida, you could still end up paying significant sums for the first few years after ending your marriage. Since your spouse will likely incur significant fees as a result of their nursing home costs, these financial obligations could be challenging.

What if Your Spouse Moves Into a Nursing Home Without You?

A viable alternative to divorce could be to simply transfer your spouse to a nursing home while remaining in your own home. Florida law allows you to keep your own home even if nursing home costs are relatively high, and you might want to discuss Medicaid asset protection strategies in this scenario. This would theoretically provide you with the same basic effect as divorce but with far fewer legal fees and processes.

Can a Divorce Lawyer in Orlando Help Me? 

If your spouse needs to go into a nursing home, you might want to consider your legal options alongside a divorce lawyer in Orlando. If you want to end the relationship, there is nothing stopping you from doing so. That being said, divorcing a spouse who is disabled and sick has numerous implications you should be aware of before proceeding. Consider expanding on this conversation with Steve Marsee, P.A. today.

Source:

 medicaid.gov/medicaid/eligibility-policy/spousal-impoverishment