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

by | Jul 20, 2021 | Alimony and Spousal Support, NY

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 spousal support 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.

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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.

 

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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 any questions you may have about spousal support 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.

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Elizabeth Martin
Elizabeth Martin
21:06 25 Jan 22
The team at Hornberger Verbitsky made me feel at ease after I retained them after a 3 year contested divorce process. I like their approach with how they educate you on ways to get the best outcome in your divorce. Mr. Hornberger made me feel heard and was compassionate to my case while also being aggressive in the courtroom to help me get the most positive outcome. He prevented my case from having to go to trial and he closed the deal in my long drawn out emotional divorce. I was happy that I retained him and would recommend him to anyone that is going through a high conflict divorce.
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Elizabeth Martin
Elizabeth Martin
21:06 25 Jan 22
The team at Hornberger Verbitsky made me feel at ease after I retained them after a 3 year contested divorce process. I... like their approach with how they educate you on ways to get the best outcome in your divorce. Mr. Hornberger made me feel heard and was compassionate to my case while also being aggressive in the courtroom to help me get the most positive outcome. He prevented my case from having to go to trial and he closed the deal in my long drawn out emotional divorce. I was happy that I retained him and would recommend him to anyone that is going through a high conflict divorce.read more
rrezarta lekaj
rrezarta lekaj
20:47 24 Nov 21
Christine is truly the best there is. She is beyond professional, personable, genuine, extremely trusting, and has made... such a stressful and emotional time for my family and I easier to get through. Thank you so much from the bottom of my heart for your guidance, your support, and being there every step of the way. I would highly recommend Hornberger Verbitsky, P.C. to anyone that is in need for legal advice - you will be in the best hands.read more
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Rob and Christine are the very best out there!I can not say enough about them. They both have helped me so much in... different matters throughout the last several years . They have gone over and beyond!I highly recommend this law firm !read more
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I called to make an appointment for a consultation to discuss a mediated divorce, the office was fantastic with getting... me a prompt appointment. When going in all my questions were asked and I left feeling comfortable in my decision to move forward in using the Hornberger/Verbitsky office. Despite a pandemic going on the office still worked diligently to get my papers filed and my divorce complete in a timely manner. Highly recommend!read more
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cristina romero
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Hornberger Verbitsky, P.C were phenomenal in every way. Robert was very genuine, patient and professional. Walking in,... I had no idea what to expect but he went above and beyond to explain the entire process thoroughly. He guided and informed me of my rights. Patty was amazing, she answered every question I had no matter how many times I called, she was very understanding. I highly recommend Hornberger Verbitsky, P.C. Even if its just for questions on how to navigate this process.read more
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Rob and his team are by far one of the greatest! Patty is amazing and will make sure all of your questions are... addressed and responded to. Rob and his team made a very tough time in my life as simple as possible. Rob is extremely knowledgeable and very empathetic. Patty was a pleasure to work with and I would recommend this firm to anyone that needs a great divorce attorney. Thank you for all of your help!read more
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Angela Thearle
00:21 07 Aug 21
Hornberger law was the best choice I made when I needed to go to family court with my ex for custody of my children.... They were there at any time when I neeeded them. Going through a custody battle can be a huge emotional rollercoaster and very painful. They helped me through it and made it less painful and heartbreaking. And I got the outcome plus more than I expectedread more
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Anastasia R
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Ashley Hubner
20:30 14 Feb 20
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Robert Hornberger has been a friend of mine and my family for years. He has helped us all in ways that are too... numerable to mention. I went through a divorce that I don’t think I could’ve done if I didn’t have Robert by my side. He is vivacious, motivated, knowledgeable, and has an extreme desire to succeed and excel...and he does! He goes over and above for all of his clientele. I would recommend his law firm to anybody who is looking for a Great Lawyer with integrity!read more
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