Divorce is often legally, financially, and emotionally complex. However, when one spouse has a disability, these issues can be even more complicated. A disability can impact a spouse’s ability to work, earn income, care for themselves, or maintain health insurance after a marriage ends. In a divorce, this can affect spousal maintenance, property division, healthcare coverage, and long-term financial planning. 

If you are considering a divorce and either you or your spouse has a disability, it is important to consider how it may affect you. While Colorado courts do not automatically favor one spouse over the other because of a disability, a spouse’s physical or mental condition can play a significant role in determining what is fair under the circumstances. Our Colorado divorce lawyers will help you understand your rights and the likely outcomes based on the unique facts of your case.

At Ascent Legal Group, we help individuals navigate complex divorce cases with compassion and practical legal guidance. If you or your spouse has a disability, we can help you determine the best strategy for your divorce. Reach out to our law offices to schedule a free 30-minute consultation with a Colorado family law attorney.

Does a Disability Affect Divorce Proceedings in Colorado?

Colorado is a no-fault divorce state. This means that the court does not consider whether either spouse caused the breakdown of the marriage. Instead, judges focus on resolving financial and parenting issues fairly.

A spouse’s disability does not prevent a divorce from occurring. It also does not automatically entitle a disabled spouse to a larger share of marital assets. However, if one spouse is disabled, it can significantly affect how the court evaluates issues such as:

• Spousal maintenance (alimony)
• Property division
• Income and earning capacity
• Healthcare needs
• Future financial stability
• Parenting responsibilities

However, it is important to understand that decisions related to property division and spousal maintenance are based on financial factors and fairness. The allocation of parental responsibilities will be determined based on the best interests of the child. This means that each case will be decided based on its specific facts and circumstances, which can vary considerably from couple to couple.

Understanding Spousal Maintenance When a Spouse Is Disabled

In a divorce involving a disabled spouse, one of the most important issues that arises involves spousal support/maintenance. Colorado courts award maintenance when one spouse lacks sufficient income or resources to meet their reasonable needs following divorce. A disability often becomes a central factor because it may limit a person’s ability to work or support themselves independently.

Courts consider several factors when deciding whether maintenance is appropriate. This includes:

• Financial resources of the parties, including the gross incomes of each party, the need of the recipient spouse, and the payor’s ability to pay maintenance
• Distribution of marital property
• Actual or potential income produced from separate or marital property
• Reasonable lifestyle and financial needs established during the marriage
• Income, employment, and employability of the parties
• Historical earnings of the parties
• Duration of the marriage
• Reasonable ability to independently meet one’s own reasonable needs
• Age and health status of each party
• Need and duration of education for the lower-earning party
• Amount of temporary maintenance and number of months paid, if any
• Significant economic or non-economic contributions to the marriage
• Any and all other relevant factors

When evaluating these factors, a spouse’s disability will often become a major factor. That may result in a court finding that spousal maintenance is both fair and appropriate under the circumstances.

In some situations, a disability may make it unrealistic or unlikely for a spouse to become financially independent. This is especially true when:

• The disability is permanent
• The spouse requires ongoing medical treatment
• Specialized care is necessary
• The spouse has limited earning potential.

In these circumstances, courts may order maintenance that extends beyond the duration typically seen in other divorce cases. Alternatively, a court may order maintenance that is higher than typical.

Disability Benefits and Divorce

Many disabled individuals receive some form of government benefits, such as Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), Veterans disability benefits (VA benefits), or long-term disability insurance benefits. These benefits can often impact the financial aspects of a divorce.

1. SSDI Benefits: SSDI benefits are generally considered income when determining maintenance obligations and financial need. Courts may consider these monthly benefits when evaluating both spouses’ financial situations.
2. SSI Benefits: SSI benefits are needs-based public assistance benefits. Because eligibility is tied to financial resources and income limits, property settlements and support awards may affect a recipient’s eligibility. Careful planning is often necessary to avoid unintended consequences that could jeopardize important benefits.
3. Veterans Disability Benefits: Veterans disability compensation may receive special treatment under federal law. While these benefits may not always be divided as marital property, they can still affect maintenance calculations and overall financial planning. 

Disability benefit issues can be highly technical. It is important to work with a Colorado family lawyer familiar with disability-related divorce matters. For disabled veterans, working with an attorney familiar with military divorce can help to protect your benefits.

Property Division in Divorce Involving a Disabled Spouse

Colorado follows the principle of equitable distribution. This means that marital property is divided fairly, though not necessarily equally. When dividing assets, courts may consider:

• The contribution of each spouse to the marriage
• The value of marital property
• Each spouse’s economic circumstances
• Future financial needs

A disability can influence a spouse’s future financial outlook and their ability to acquire assets after a divorce. For example, consider a situation where one spouse cannot work due to a disability and has limited opportunities for future income. This spouse also faces significant medical expenses and will likely require adaptive equipment or home modifications in the future. 

The court may consider those circumstances when determining an equitable property distribution. This does not guarantee that the disabled spouse will receive a larger share of marital assets, but it may influence the court’s decision about what is fair under the circumstances. 

Healthcare Coverage and Medical Expenses After Divorce

Health insurance is often one of the biggest concerns when divorcing a disabled spouse. Many individuals receive health insurance through their spouse’s employer-sponsored plan. Once the divorce is finalized, that coverage generally ends.

Depending on the situation, a disabled spouse may be able to obtain coverage through COBRA, Medicare, Medicaid, marketplace insurance plans, or employer-sponsored coverage if they are employed. The cost of replacing health insurance can be substantial. Courts may consider these expenses when evaluating maintenance requests and overall financial needs.

Disability-related expenses often extend beyond insurance premiums. Many people will have ongoing costs related to their disability, such as:

• Prescription medications
• Therapy
• In-home assistance
• Specialized equipment
• Transportation services
• Medical appointments and co-pays

These costs can significantly affect post-divorce financial planning. They are often part of the equation when spouses are negotiating a settlement or when a court is determining what is fair and equitable under the circumstances. 

What If One Spouse Has Been a Caregiver?

In some marriages involving disability, one spouse has provided some level of caregiving to the other spouse. A caregiving spouse may have missed out on career opportunities, reduced their work hours, left the workforce entirely, or taken on significant household responsibilities. These sacrifices may become relevant during divorce proceedings.

Courts may consider how caregiving responsibilities affected a spouse’s earning capacity and future employment opportunities. For example, a spouse who spent years providing care may need time, education, or job training to re-enter the workforce. This can affect maintenance awards and financial settlements.

Allocation of Parental Responsibilities When a Parent Has a Disability

If a couple has children, disability may also affect parenting-related decisions. Colorado courts determine parental responsibilities based on the best interests of the child. 

Importantly, a disability alone does not make a parent unfit. If one parent has a disability, that does not mean that they are incapable of parenting their children. Instead, courts will evaluate factors such as:

• Each parent’s ability to meet the child’s needs
• The child’s relationship with each parent
• The child’s physical and emotional well-being
• Practical parenting considerations

A parent with a disability can still receive substantial parenting time and decision-making authority as long as they are able to care for their child. In many cases, a parent with a disability shares parenting time equally with their ex or may even have a greater share of parenting time.

In some cases, parenting plans include accommodations that account for a parent’s disability while ensuring that the child’s needs are met. For example, if a parent is unable to drive due to their disability, a parenting plan can include provisions that specify that the other parent will transport the child between their houses. These arrangements can be tailored to the family’s unique circumstances, whether negotiated between spouses or determined by the court.

Long-Term Financial Planning Is Critical

Divorcing a disabled spouse often requires a broader and more in-depth financial analysis than a typical divorce. Important considerations may include:

1. Future Care Needs: A disabled spouse may require:
   • Assisted living services
   • In-home care
   • Long-term medical treatment
   • Specialized transportation

These anticipated expenses can affect support negotiations and property division discussions.

2. Retirement Planning: Retirement assets often become especially important when one spouse has limited earning potential. Parties should carefully evaluate:
   • Pension benefits
   • 401(k) accounts
   • IRAs
   • Disability-related retirement income

3. Special Needs Planning: In some situations, trusts or other planning tools may help protect disability benefits while providing additional financial support. An experienced Colorado Springs family law attorney can work with financial professionals to develop solutions that address both immediate and long-term needs.

Negotiated settlements often provide greater flexibility in these situations. Because disability-related divorces often involve complex and individualized issues, a settlement often has significant advantages over going to court.

Through mediation, negotiation, or collaborative discussions, spouses can create customized solutions to address issues such as medical expenses, insurance coverage, spousal maintenance, property distribution, parenting time, and long-term care planning. These agreements can provide flexibility that may not be available through a court-imposed decision.

How an Experienced Colorado Family Law Attorney Can Help

Divorces involving disability frequently require careful attention to financial, medical, and legal details. Mistakes can have lasting consequences, particularly when disability benefits, healthcare coverage, or long-term support needs are at issue. A seasoned Colorado Springs divorce lawyer can evaluate these issues and develop a strategy that fairly addresses things like spousal maintenance, healthcare expenses, property settlements, parenting plans, disability benefits, and more.

At Ascent Legal Group, we understand the unique challenges that our clients face in a divorce when one spouse is disabled. Our team works to create thoughtful solutions that protect our clients’ interests while addressing the realities of each family’s circumstances. Contact our law firm today at  719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a Colorado Springs divorce lawyer.

Frequently Asked Questions about Divorcing a Disabled Spouse

Can a Disabled Spouse Be Required to Pay Maintenance?

Yes. Disability does not automatically prevent someone from paying spousal maintenance. If a disabled spouse has income from a job, investments, retirement accounts, or other sources, a court will evaluate whether maintenance is appropriate. The key question will be whether the disabled spouse has the financial ability to pay spousal maintenance while meeting their own reasonable needs.

What Happens to Spousal Maintenance If My Ex Becomes Disabled After the Divorce Is Finalized?

Spousal maintenance orders may be modified if there is a significant and continuing change in circumstances. This can include either spouse becoming disabled after a divorce is finalized. In this situation, a court may increase or decrease spousal maintenance.

Does a Disability Affect Child Custody Decisions?

A parent having a disability will not, by itself, determine parenting rights. Instead, Colorado courts focus on the best interests of the child. A judge will carefully evaluate each parent’s ability to care for the child, along with other factors, to determine the best interests of the child.

Will a Disabled Spouse Automatically Receive Alimony or a Larger Share of the Marital Property?

No. Courts evaluate multiple factors when determining maintenance and how to equitably divide property. One spouse having a disability may increase the likelihood of that spouse getting spousal support or a larger share of the marital estate, but each case is determined based on its unique facts and circumstances.

Should I Hire a Lawyer If My Divorce Involves Disability-Related Issues?

Yes. Divorces involving disability benefits, long-term care needs, healthcare coverage, and maintenance often involve complex legal and financial considerations that benefit from experienced legal guidance. If you are contemplating divorce and either you or your spouse is disabled, our Colorado Springs divorce lawyers can advocate for your best interests.

Resources:

• Colorado Revised Statutes § 14-10-114 – Spousal Maintenance (Alimony). FindLaw. https://codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-114/
• VA Disability Compensation Benefits. U.S. Department of Veterans Affairs. https://www.va.gov/disability/