fbpx
Select Page

Will I Pay More Alimony If My Spouse Has a Disability?

by | Jul 20, 2021 | News and Events

If you live on Long Island and are divorcing a spouse that has a disability, you may have questions about whether you will be required to pay more alimony or make payments for an extended period of time following your divorce.

The always difficult decision to end your marriage through divorce can become even more so when it involves someone with a disability. Your spouse may be reliant on you and your health insurance and income, and separating in such a situation can be exceedingly complex.

Our goal with this article is to inform you of your rights and what legal options are available to you if you decide to divorce and your spouse has a disability. Here’s what you should do if you’re considering a divorce and are concerned about paying alimony if your spouse has a disability that affects their ability to work.

Divorce Attorney Consultation

Consider the Spousal Support You Provide Now

Prior to filing for a divorce on Long Island, it’s important to consider the support and care you currently provide for your spouse. Do you fully provide for your spouse financially? Does your spouse live luxuriously on your income? These are questions that should be asked in any separation case.

However, if your spouse has a disability, these considerations are even more critical. Do you provide your spouse with daily care like bathing or help dressing or eating? Are you responsible for managing household needs that your spouse cannot, such as paying bills, keeping track of medical appointments, or cooking and cleaning?

If so, you may be asked to pay for a part- or full-time caregiver in your spouse’s new home. Or, you may need to discuss the possibility of placing your spouse in an assisted living facility depending on their level of care needs.

Explore the Potential for Permanent (Non-Durational) Alimony After Divorce

In New York, along with most other U.S. states, alimony is almost never truly permanent. Generally, it’s meant to bridge the gap between a lesser-earning spouse leaving the marital home and gaining the ability to financially provide for themselves independently. When one spouse has a disability that renders them unable to do this, spousal support may be ordered for a longer period of time.

If your spouse has a severe disability and cannot be expected to work, you may be ordered to pay alimony for an undetermined amount of time. Under New York law, this is called “non-durational alimony” and has no set end date.

Typically, you or your ex-spouse would need to request a divorce modification hearing and present evidence that the status quo has changed; if, for example, your ex-spouse has remarried and another person is providing them with financial and medical support.

You May Be Required to Continue Providing Your Spouse with Health Insurance After Divorce

Separate from paying alimony to an ex-spouse with a disability, a New York family law judge may order you to keep your ex-spouse on your health insurance. This is particularly true if you have been providing them with health coverage through your employer’s insurance plan.

If you change jobs or health insurance plans within a certain period of time, you may be required to add your ex-spouse to the new plan. However, it’s infrequent for a judge to mandate this for an extended period of time.

Generally, the disabled spouse will be expected to seek state medical assistance and you will only be required to provide health insurance for a period of time until your ex is able to secure other adequate health coverage.

Call Hornberger Verbitsky, P.C. Today for Compassionate Long Island Divorce Representation

Divorcing a disabled spouse is a difficult situation and you need more than just zealous legal representation to protect your rights and best interests; you need a lawyer that understands the delicacy of the matter at hand and has compassion for the situation you’re in.

At Hornberger Verbitsky, P.C., we can help you understand your responsibilities to a disabled spouse you intend to divorce and assist you with finding comfortable resolutions that allow both you and your ex to move forward with the next chapter of your life as easily as possible.

Contact us today for your initial consultation by calling 631-923-1910 or fill out the short form below. We are available now to take your call.

 

SCHEDULE YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below to schedule your free consultation and case evaluation.

All Fields Are Required

Divorce Lawyer Attorney Long Island NY Courts Open
Divorce Lawyer Long Island New York

 

 

Google Review of divorce longisland
Tammy Granville
Tammy Granville
11:49 04 Jul 21
Everyone was very professional. Never had to call to get an update on my case. Someone always updated me on a regular basis.
Anastasia R
Anastasia R
22:45 17 Dec 20
I went to see Rob for a modification for my child custody agreement to relocate, I can honestly say that working with Rob and Christine has been the best experience. I cannot recommend them enough I only wish I had seen them sooner. They are prompt with communication, and they are honest which I appreciate so much. They do not give you fake promises and they do their best to fight for what you want which they do amazingly well! You can tell they are passionate about what they do and care about their clients. A very important aspect of lawyer client relationship for me is an open line of communication, the anxiety of the unknown always gets the best of us. The fact they were always available whether it be phone call or email to answer any question was extremely comforting and exactly what I needed. I am not well versed with laws and regulation so knowing I had Rob and his partners there when I was unsure or conflicted was extremely needed and greatly appreciated.When it comes to family court it's never easy but having Rob and his partner by my side I felt extremely comfortable and he helped me have realistic expectations. Please TRUST HIM!! If you're looking for a lawyer (at least for my end from child custody/Family Court) don't look any further you will not be disappointed. I hope to never have to use them again but in the event I have to, they are going to be my forever first call.

Reviews

  • I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
  • I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!

 

 

divorce questions answered

 

 

Long Island Divorce Guide

Fill the form to download Guide

* indicates required




 

Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

 

Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator

Pin It on Pinterest