Divorce is emotionally difficult under most circumstances, but when one spouse has a significant disability, it becomes more legally complex as well as emotionally fraught. A disabled spouse may be more dependent on the other spouse’s income, assistance, and medical insurance than a non-disabled spouse would be, and this dependence impacts nearly all aspects of divorce.
It’s important to know what to expect during a divorce in Denver, Colorado from a spouse with a disability. Call us for a free consultation today.
Important Considerations When Divorcing a Disabled Spouse
A disabled spouse with a reduced earning capacity may change the typical way the Colorado court determines the appropriate division of marital property, spousal maintenance, and even child custody and child support calculations.
In typical Colorado divorces, a judge makes all child custody decisions in the best interests of children, marital property decisions are based on the law requiring property to be divided in a fair and equitable way, child support is calculated through a formula that considers both parents’ income and their child custody schedule, and spousal maintenance may or may not be awarded depending on the unique circumstances of every marital situation.
When one spouse is disabled, the judge considers the impact of the disability in all decisions.
How a Spouse’s Disability Affects the Division of Marital Property During a Divorce
If a spouse’s disability does not prevent them from working and they are financially self-sufficient, their disability would not affect property division. As in a typical divorce, each spouse retains their separate property, which includes assets they owned before the marriage, as well as any property they received through inheritance or gift.
They must then fairly divide their marital property. Marital property includes all property, accounts, and real estate acquired during the marriage.
If one spouse’s disability prevents them from earning enough income to be self-sufficient, a judge may award them a greater share of the marital property, thereby providing them with more financial resources to support themselves after the divorce.
Because of the disability, this meets the court’s standard of fair and equitable when one spouse has a higher earning potential than the other due to the other spouse’s disability.
Child Custody and Child Support Decisions In Divorces With a Disabled Spouse
Colorado courts make all decisions in the child’s best interests. They begin with the understanding that continued close contact with both parents is in a child’s best interest.
When parents cannot agree on a shared parenting plan and a custody decision is taken to court, a judge considers all aspects of the family’s situation before reaching a decision, including how one parent’s disability affects their ability to care for the children.
The court does not discriminate based on disability when making child custody decisions, but the court will examine a disabled parent’s plan for caring for their child and make a decision that’s in the best interests of the child, always considering that continued close contact with the disabled parent is an essential factor in a child’s best interest.
Colorado’s formula for determining child support is based on each parent’s total gross income and the number of child custody days allotted to each parent. Because one parent’s disability impacts both of those factors, it also affects child support.
Does a Disabled Spouse Automatically Get Spousal Support (Alimony) In a Divorce?
Child support is an automatic obligation when divorcing parents share children, but spousal support is never automatic. Instead, the court considers the unique circumstances of every divorce case when one spouse seeks spousal support.
If a disabled spouse is unable to achieve self-sufficiency due to their disability, the court considers this a critical factor among other circumstances, such as the duration of the marriage and whether one spouse has put their education and career goals aside to support the other spouse’s career or to raise the children.