Divorce is a stressful process for all divorcing spouses, but when one or both spouses have a significant disability, it adds another layer of consideration to almost all aspects of the divorce, including the fair and equitable division of marital assets, child custody, and spousal maintenance (alimony).
Even child support, which is calculated under a specific formula, may be influenced by a parent’s disability. Reach out to our divorce lawyers in Denver, CO to discuss your case today.
Colorado family courts define disability as a condition that significantly impacts a person’s ability to work and accomplish the daily routines necessary to run a household and care for children.
During the divorce process, a court determines a spouse’s level of disability by examining medical records and consulting with medical experts. The court may also conduct an independent evaluation to gain a clear understanding of the disability’s impact on the spouse’s life.
Finally, the Colorado courts adhere to regulations from the Americans with Disabilities Act (ADA) to ensure that the court provides the necessary accommodations for litigants with disabilities.
A disability requires careful consideration by the court due to the specialized needs of the disabled spouse and the impact of their disability on all terms of the divorce.
The Colorado courts decide all family court matters in the best interests of the child. It does not discriminate against a parent with a disability; however, the court must consider whether or not the disability affects the parent’s ability to safely care for the child.
Custody arrangements may be adapted to meet the specialized needs of a disabled parent. The disabled parent must be able to demonstrate that they can meet the child’s needs, either through adaptive equipment, household and childcare assistance, or supportive parenting services.
Because the court considers continued close contact with both parents to be in a child’s best interests, a parent’s disability does not preclude their right to shared custody in Denver or fair visitation.
Child support in Colorado is based on a formula that considers the gross income of both parents and the number of overnight child custody days each parent has, both of which may be affected by a parent’s disability.
If one spouse has a significant disability, it may impact the division of their marital assets because of the disability’s effect on the spouse’s earning ability. Because asset division must be “fair and equitable” under the state’s divorce law, a judge may award a greater percentage of marital assets to the spouse with a lower earning ability due to their disability.
While child support is an automatic obligation for all divorcing parents, alimony (known as spousal maintenance in Colorado) is considered on a case-by-case basis. A spouse’s disability is an essential consideration in determining whether spousal maintenance is appropriate.
If one spouse is a lower earner and their disability prevents them from becoming economically self-sufficient, the court may award monthly spousal maintenance to be paid from the higher-earning spouse to the disabled spouse, unless their share of the marital assets makes them self-sufficient enough to not require monthly spousal maintenance.
Navigating the divorce process is never easy, but a disability can substantially impact all aspects of the process. Call the family attorneys in Denver at Ciancio Ciancio Brown, P.C. for experienced representation in all aspects of divorce, including a divorce involving a disabled spouse.
