Is Alimony Mandatory for an Ohio Disabled Spouse?

 Posted on July 12,2024 in Divorce

Divorce is an emotionally difficult process under the best of circumstances. When the divorce and request for alimony involve a disabled spouse, the process becomes much more complex. People are living longer today than in the past, making disabilities and cognitive decline issues much more common during a divorce. The husband or wife seeking a divorce may face a significant level of judgment for divorcing a disabled spouse, yet there may be many more issues than meets the eye.

The disabled spouse may wonder how they will physically and financially get by on their own. A court will strive to reach an agreement that allows the non-disabled spouse to divorce while ensuring the disabled spouse is not left to struggle financially.

When the divorce is amicable, it is not unusual for the ex-spouse to continue to offer emotional and financial support for the disabled spouse. Even if this is true, the disabled spouse may require additional services and assistance.

Paying for these services could be accomplished through private funds, spousal alimony or asset division, government disability programs, or Medicaid waiver programs. Having an experienced Medina family law attorney advocating on your behalf can make a significant difference in the outcome. Your attorney will fight for your future every step of the way.  

What Are Key Considerations When Divorcing a Disabled Spouse?

When divorcing a disabled spouse, there are additional considerations that will need to factor into the divorce agreement. This includes consideration of the following questions:

•  How will the needs and earning capacity of the disabled spouse affect the division of assets?
• Will health insurance coverage remain in place for the disabled spouse after the divorce?  If so, will their medical expenses be affected by the change?
• Is the disabled spouse currently receiving disability benefits? Will the divorce make a difference in those benefits?
• If the couple has children, how will child custody and child support be affected by the disability?
• Does the disabled spouse currently need daily caregiving?
• Will the disabled spouse remain in the marital home? If not, will they require special living arrangements or modifications?
• How will the court view the future financial obligations of the non-disabled spouse to the disabled spouse after the divorce?
• Is a Special Needs Trust a possibility?

The goal is to balance the current and future needs of the disabled spouse with the financial and legal welfare of the non-disabled spouse.   

Will an Ohio Judge Order Alimony for a Disabled Spouse?

An Ohio judge will look at the same factors set forth under state law when determining whether spousal support is appropriate for a disabled spouse. These factors include:

• The income, education, and earning ability of each spouse
• The age of each spouse, along with the physical, mental, and emotional health of each spouse
• Whether both spouses have retirement benefits and how much those benefits are
• The length of the marriage
• Custody of minor children only as it applies to the ability of the spouse with primary custody to obtain full-time employment
• The standard of living established during the marriage
• Contributions of one spouse to the education, training, or job experience of the other
• The tax consequences of asset division and spousal support for both parties

The judge will carefully consider all these factors to determine an "equitable" arrangement for all parties involved. If the disabled spouse cannot earn enough money to support themselves financially, there is a strong case for the non-disabled spouse to continue providing financial support. Depending on the level of disability experienced by the disabled spouse, the court may require that a guardian be named to negotiate on behalf of the disabled spouse.

Contact a Medina County, OH Family Law Attorney

Divorce that includes a disabled spouse can add complicated issues that can benefit from the legal advocacy of an experienced family law attorney from The Law Office of Whitney K.S. Miller, LLC. Having a knowledgeable Brunswick, OH divorce attorney who can help you understand the laws pertaining to Ohio divorces and alimony can be highly beneficial. To have your questions regarding this issue and other family law issues answered, contact The Law Office of Whitney K.S. Miller, LLC at 330-725-4114.