How to Navigate a Divorce in Colorado With A Spouse With Disability

Navigating a divorce while managing a disability presents unique challenges that require careful consideration and expert guidance. At Goldman Law, we understand the complexities involved and are committed to helping you through this difficult transition with compassion and legal expertise.

Understanding Disability in Colorado Divorce Law

For divorce purposes, disabilities are recognized as conditions that substantially limit essential life activities such as working, self-care, or household management.

Colorado courts take disabilities seriously when considering divorce proceedings, particularly when the disability significantly impacts an individual’s ability to earn income or maintain self-sufficiency. The presence of a disability can influence various aspects of the divorce process, from asset division to spousal support arrangements.

The courts must carefully weigh the unique difficulties presented by the handicap against the requirement to offer equitable financial support. This frequently leads to more specialized divorce settlements that are intended to safeguard the disabled spouse’s health and financial stability so they can continue to live a fulfilling life after the divorce.

When one spouse in a divorce has a disability, the court will need comprehensive knowledge of how the impairment impacts that person’s life. The divorce proceedings may involve:

• A thorough examination of medical records
• Expert testimony
• Occasionally, a court-appointed evaluation. 

Another aspect to this is that spouses with disabilities must have access to appropriate accommodations while in court. Thus, local courts must abide by state and federal standards, such as those mandated by the Americans with Disabilities Act (ADA).

Impact of Disability on Spousal Support

When a spouse has a disability, the court may order higher levels of spousal support than in typical divorce cases. In Colorado, lifelong support may be awarded in extreme cases where the disabled spouse cannot work or maintain self-sufficiency.

Factors Affecting Support Determination

• The nature and severity of the disability
• The disabled spouse’s earning capacity
• Current and future medical expenses
• Standard of living during marriage
• Length of the marriage.

Asset Division Considerations

For property division in a divorce with disability, the court must consider the impact of the handicap on the disabled spouse’s financial needs, especially with their potentially diminished earning capacity.

When dividing assets, Colorado courts try to make sure the disabled spouse has enough money to keep up their standard of living. This could entail giving a bigger portion of the marital assets or a particular piece of property that can sustain the couple financially over time.

This might include:

• A larger portion of marital assets
• Specific property allocation for ongoing support
• Provisions for future medical expenses
• Protection of disability benefits.

Healthcare and Insurance Considerations

The continuous cost of long-term care and medical bills is one of the most important considerations in divorce with disability. These costs, which are often substantial, will be taken into account by Colorado courts when deciding on spousal support and asset division. The court’s aim is to help the disabled spouse meet their medical requirements in a way that’s also fair and equitable to the other spouse.

The court may require:

• Continuation of health insurance coverage
• Provisions for ongoing medical expenses
• Planning for long-term care needs.

Social Security and Disability Benefits

It’s also critical to ascertain whether the disabled spouse is eligible for Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or other assistance programs. These can help pay for their living expenses and medical bills, depending on their income level and handicap.

If you receive disability benefits, it’s essential to structure your divorce settlement to maintain eligibility. This may involve creating a special needs trust (SNT). An SNT is a legal entity that can hold your share of assets so that they are not counted towards your income when calculating disability benefits. Without such a mechanism, your share of assets in a divorce may count as income, causing you to exceed disability eligibility limits.

Child Custody and Parenting Time

When one parent has a disability, choices about child support and custody must be made with extra care. Custody agreements may occasionally be modified to meet the requirements of the impaired parent while still putting the child’s best interests first. The disabled parent’s financial status and capacity to contribute may also have an impact on child support determinations.

Colorado courts recognize that having a disability does not diminish parental rights. The focus remains on:

• Best interests of the child
• Ability to provide care with reasonable accommodations
• Support systems and resources available.

Managing Emotional Challenges During Divorce When Disability Is a Factor

The journey through divorce while dealing with disability requires careful attention to emotional well-being. Strong feelings of uncertainty, grief, and anxiety are natural responses during this transition. Building a support network through counseling, trusted relationships, and self-care practices provides essential emotional stability during this challenging time.

Self-Care and Emotional Support

Maintaining emotional health becomes paramount during divorce proceedings. To help create emotional balance and resilience, engage in wellness activities like physical exercise, mindfulness practices, and personal interests. Professional support through counseling can provide valuable tools for processing complex emotions.

Communication Guidelines

Respectful Dialogue

Clear, compassionate communication forms the foundation of a smoother divorce process. This includes:

• Using simple, direct language
• Choosing appropriate times for important discussions
• Maintaining patience during exchanges
• Focusing on “I” statements to express needs.

Being Present in the Discussion

Effective communication requires:

• Full attention during discussions
• Appropriate non-verbal acknowledgment
• Clarifying questions when needed
• Validation of expressed concerns.

Alternative Communication Methods

When verbal communication presents challenges, consider:

• Written correspondence
• Email exchanges
• Professional mediation support
• Digital communication tools.

Professional Support

Remember that professional counseling can provide valuable tools for managing these emotional challenges while maintaining productive dialogue throughout the divorce process. 

Frequently Asked Questions

What are capacity assessments?

Professional medical and psychological testing is part of a comprehensive capacity evaluation. They assess the spouse’s capacity for thought, judgment, and understanding of the legal ramifications.

Capacity evaluations are important because they show if the spouse can comprehend the divorce process and make wise decisions. This guarantees justice and safeguards their rights. It also demonstrates how to help and make accommodations for them throughout the divorce.

The findings help the couple, attorneys, and court determine what is best for the spouse with a disability. Prioritizing their rights and well-being during the divorce process is a crucial step.

After a divorce, what if your spouse ends up with a disability?

Alimony orders in Colorado are difficult to modify. In actuality, courts will only take into account a modification motion if one spouse can “prove a substantial and continuing change of circumstances.”

A major disability would undoubtedly represent a large and ongoing shift in circumstances. This implies that if your ex-spouse becomes incapacitated after your divorce, they may request further alimony from the court.

To discuss your specific situation and learn how we can help protect your rights during divorce, contact Goldman Law at (303) 656-9529.

Contact Goldman Law, Your Trusted Partner in Disability-Related Divorce

At Goldman Law, our experienced divorce attorneys provide legal guidance and access to appropriate support resources for divorce with disability. We bring over 25 years of combined experience in Colorado family law to help protect your rights and secure your future. Our team provides personalized attention, honest counsel, and aggressive representation when needed to achieve the best possible outcomes for our clients.

Don’t face divorce challenges alone. Contact our Denver family law attorneys at (303) 656-9529 to schedule a consultation and learn how we can help safeguard your interests during this important transition.