Table of Contents

• How Mental Health Affects Property Division And Alimony
• Can A Mental Illness Stop A Divorce?
• How Are Cases Handled Where Both Partners Have Health Issues?
• Steps To Take If Health Is A Factor During Divorce?
• Working With KNK Law For Divorce Proceedings

Most adults experience some type of mental and physical health concern during adulthood. Anxiety, depression, trauma, chronic pain, issues from previous injuries, or genetic health conditions can all impact your adult life in multiple ways, including your marriage or a divorce case. 

Mental and physical health can impact your decision-making, ability to work, and other tasks that come with raising kids. Mental and physical health can add strain to an already emotional situation, so if you are worried about how these ailments will impact your divorce, make sure to contact a lawyer as soon as possible. Learn more about how health can impact divorce proceedings below. 

How Mental Health Affects Property Division And Alimony

One of the first elements that can be affected by mental and physical health is financial distributions. Every state and jurisdiction has its own rules for dividing property and debts, but most will follow equitable distribution. A spouse’s mental health issues could lead to financial waste or hardship, which may result in a judge giving a larger share of property to the non-mentally ill spouse. If a manic episode or severe mental illness has caused damage that resulted in financial consequences, the non-responsible spouse may be compensated with marital property during the divorce.

Alimony money can also be affected by physical or mental health diagnoses. Alimony is based on the spouse who needs the most financial support, but both spouses’ earning capacity, health, age, and the length of the marriage will be considered. A mental illness may make it hard for someone to work, which means a judge could require the other to pay support to this spouse after the divorce. The court may also suggest that someone with a mental illness seek treatment or stabilize themselves to provide income for the children, which would then result in alimony payments to stop.

Can A Mental Illness Stop A Divorce?

The presence of a mental illness can not prevent a divorce; however, there are some different tasks that courts or judges may implement during mental health divorce cases. An appointed guardian ad litem (GAL) may be appointed if a spouse is in a mental hospital or is unable to make decisions. The GAL will ensure that this person’s rights aren’t taken advantage of during a divorce or trial.

How Are Cases Handled Where Both Partners Have Health Issues?

In all divorce cases, courts will evaluate each individual’s circumstances before granting custody, spousal support payments, and distribution of assets. Especially when both partners struggle with either mental health or physical health, courts will look at your individual circumstances to make equitable decisions. Some creative solutions may be needed to find fair resolutions, but disputes may arise if one partner has exaggerated their health concerns. Consider how your health issues can impact your ability to support or provide for children or yourself, and present this evidence to the court or lawyers during the divorce case.

Steps To Take If Health Is A Factor During Divorce?

Mental and physical health are common issues for many of us, but being prepared for the divorce with the right evidence and representation can help improve the final results of your case. When you are served divorce papers or determine a divorce is best for you and your spouse, here are some professional steps to follow:

• Gather documents, evidence, medical records, and more that will show proof of your health condition
• Collect receipts and bills of related costs, such as invoices for ongoing care
• Communicate clearly with your legal team so that your health concerns are addressed properly
• Be realistic with a judge and your legal team about the help you need and your physical ability to provide for yourself and your children
• Have goals in mind on how you want child custody, alimony, or other financial support to be handled

Working With KNK Law For Divorce Proceedings

Kaufman, Nichols, and Kaufman have served Utah for decades, helping them to have peace of mind about their family and financial assets. We represent individuals, families, and businesses to help them achieve the best results from a court case as possible. Our legal team has experience working with divorce cases of all complexities, including contested and uncontested divorces, no-fault divorces, annulments, and child support cases. 

When you’re feeling overwhelmed with everything that comes from a legal case, you need a team that will be by your side throughout the entire process. Protecting your future, your children, and your assets is important to our team. We have experience handling different cases and helping you achieve the resolution you had in mind. Save thousands of dollars and precious time by working with a qualified lawyer from KNK Law. Reach out to our Ogden team to get started today.