The Rights of Divorced Parents With Disabilities

Regaining your self-confidence after a divorce is a challenge, but ultimately it is rewarding. If you received a diagnosis of a disability before or after marrying your spouse, this might mean that you are well versed in advocating for yourself and celebrating your strengths, or it might mean that you feel even more overwhelmed than most people who are going through a divorce. If your ex-spouse tried to use your disability against you during your marriage, that probably is not going to change just because one of you filed a divorce petition. The good news is that your lawyer, the divorce mediator, and if necessary, the judge can help you get a fair outcome in your case. Before you finalize a marital settlement agreement and parenting plan, you must figure out how much income you can expect to earn from employment, if any. If your case goes to trial, the judge will make findings about your earning potential before determining the alimony or child support amount. If divorce feels like a much bigger challenge than living with a disability, contact a Boca Raton child custody lawyer.

Your Lawyer Can Help You Advocate for a Fair Share of Marital Property If Your Disability Limits Your Earning Potential

Florida is an equitable distribution state, which means that each spouse is entitled to his or her fair share of the couple’s marital property in a divorce, even if it does not mean an equal division. Judges apply the principle of equitable distribution in divorce trials, but most divorce cases do not go to trial, so you and your spouse will probably reach an agreement during mediation. If your earning potential is less than your ex’s, then the divorce court might award you valuable assets such as the marital home or investment accounts.

Inherited wealth does not count as marital property. Therefore, if you inherited money from your parents, even if it is through a special needs trust, this is not marital property. Personal injury settlements are also separate property, so if you get an insurance settlement arising from the accident that caused your disability, you do not have to share this money with your ex-spouse.

Your Parenting Plan Should Include Reasonable Accommodations

Parenting plans are also usually the product of family court mediation, but when judges must set them, they base their decisions on the children’s best interests. Your disability does not change the fact that it is in your children’s best interests to have a stable relationship with you and to spend almost as much time with you after your divorce as before. The parenting plan may need to accommodate tasks with which you need help. For example, if your disability prevents you from driving, the parenting plan might require your ex-spouse to drive the children to your house at the beginning of your parenting time each week and to pick them up at the end. If you have mobility limitations that make you need help with tasks such as bathing young children, the parenting plan might indicate that an extended family member, babysitter, or home health aide should be present at certain times to help you with those tasks.

Contact Schwartz | White About Living With a Disability While Co-Parenting

A South Florida family law attorney can help you avoid financial catastrophe and maintain a strong bond with your children after divorce.  Contact Schwartz | White in Boca Raton, Florida about your case.

Source:

americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/child_law_practice/vol-34/february-2015/representing-parents-with-disabilities–best-practice/