Divorcing a Chronically ill Spouse
July 2023
Divorce is a difficult process, and when one spouse is dealing with a chronic illness, it adds another layer of complexity at an already difficult point in your life.
In this article, our family law solicitors consider some of the issues that you may have to face if you are divorcing a chronically ill spouse.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Understanding Chronic Illness
A chronic illness often refers to a long-term health condition that requires ongoing management and that could significantly impact a person's daily life. It is important to tell your divorce lawyer if either you or your husband or wife suffers from a chronic illness as that may impact their advice on the divorce proceedings or any childcare arrangements or financial settlement.
Chronic illness may also have an impact on how you reach a resolution. For example, whilst family mediation may be a good option for you, the length of the mediation sessions or the venue may need to be adapted to give you both the best chance of being able to reach an agreement in family mediation.
Chronic Illness and Divorce Proceedings
Chronic illness can place an immense strain on a relationship and ultimately some marriages cannot cope with the emotional or financial stresses of living with a partner who suffers from a health condition.
If divorce proceedings are started, then the fact that one spouse is chronically ill is irrelevant when it comes to the reasons for the divorce. That’s because the government has introduced no-fault divorce, so the spouse starting the divorce proceedings just needs to say that the marriage has irretrievably broken down and file the correct paperwork.
We can help you with the divorce paperwork so that you secure your final order of divorce as quickly and as stress-free as possible.
Chronic Illness and Financial Considerations
When divorcing a chronically ill spouse, their health may play an important part in the financial settlement.
For example:
- A spouse may not be able to work because of their medical condition and may therefore need a spousal maintenance order
- A spouse’s maintenance needs may be increased due to their ill health or may be reduced because of their eligibility to receive health-related non-means-tested state benefits
- A spouse may argue that they should continue to live at the family home because it has already been adapted to meet their physical needs
- A husband or wife may say that they will need to retire early because of a chronic illness and that this will impact pension-sharing options
A specialist family law solicitor can explain how a spouse’s health may impact the overall financial settlement and can advise on the best way to reach a compromise without either of you having to start court proceedings for a financial order.
Chronic Illness and Parenting Arrangements
If one parent suffers from a chronic illness, they may need extra help or support with childcare. When separating or divorcing it is often easy to become very defensive about the need for support because a chronically ill parent may not want the other parent or extended family or the court to think that they cannot cope or that they are a ‘bad parent’.
Suffering from a chronic illness does not make you an incapable parent but residence and contact arrangements may need to reflect practical considerations. In an ideal world, both parents will reach an agreement that meets their child’s need to spend time with both parents, whilst also working around the chronic illness or any required medical treatment, such as hospital admissions or the time needed to recover after surgery.
If parents cannot agree on the childcare arrangements, then either one of them can apply to the court for a child arrangements order to specify which parent the child should live with and the contact arrangements. The court will make its decision based on its assessment of what arrangements are in the best interests of the child.
Obtaining Professional Support
Seeking professional support from a specialist family law solicitor can provide invaluable guidance and help with navigating your divorce, sorting out parenting arrangements and negotiating your financial settlement.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
