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Wise | Lieberman Divorce & Family Law Attorneys Wise | Lieberman Divorce & Family Law Attorneys
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Divorcing A Disabled Spouse


Any divorce is can be complicated and emotional, but none more so than when divorcing a spouse who suffers from serious disabilities. In addition to feeling angry, isolated and sad, you may be wrestling with feelings of guilt. Nonetheless, if divorce is the right move for you, it’s best to put emotions aside and get along with the business of moving forward with your life.

Handling the Guilt 

How can a caring human being move on, leaving a disabled spouse behind?  If guilt is eating away at you, are things you can do to ease those feeling of self-reproach:

  • Keep all interactions with your soon-to-be ex respectful and kind;
  • Support co-parenting in every way possible;
  • Stay focused on enhancing your own life;
  • Keep track of thoughts and feelings in a journal;
  • Spend time with trusted friends and family who will listen and encourage you;
  • Let forgiveness guide your thoughts and actions;
  • Maintain friendly relationships with in-laws, especially if you have children;
  • Remember that you are not responsible for your ex’s happiness;
  • Remember to nourish your mind, body and soul. 

Dividing Assets

 Marital assets are divided in Florida using the concept of equitable distribution.  That is markedly different from an equal distribution! The judge will assess the fairness of the property division based on several considerations, including the contributions, monetary and otherwise, of each partner to the marriage, any marketable skills of each person, the education level of each individual and contributions to that education, and the needs of each partner moving forward. When dealing with a spouse who is disabled, there may be crucial needs associated with their well-being, and the judge will definitely have to weigh those. Consider the assistance they may require with daily tasks like showering, dressing, cooking, eating, getting to the grocery store, and more.  The help they will need from another family member or from a professional caregiver could consume a substantial chunk of change, and it could definitely cut into the amount you get in your asset division.

Alimony Considerations 

Yes, it’s true that your soon-to-be ex needs to be able to live in reasonable comfort, that is equally true for you!  You may well be required to pay spousal support, but, by carefully tracking your income and expenses, you can ensure that the amount is doable.

Making the Move 

If you are ready for a divorce, then there is no reason to put it off.  At WiseLieberman our experienced Boca Raton divorce attorneys are here to make the process as easy as possible.  Schedule a confidential consultation in our office today.


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