How A Health Condition Could Affect Your Florida Divorce

There are a lot of different factors that affect the outcome of a divorce. A couple’s willingness to negotiate, for example, or how amicable their relationship is, will play a big part in whether a divorce can be resolved outside of court or will require the intervention of a judge. Another thing that many people don’t realize, however, is that chronic health conditions can also impact the divorce process.

A Medical Condition Can Affect Support Obligations 

Courts take a lot of factors into account when making child support and alimony determinations, including the physical and emotional health of the parties. If, for instance, one of the spouses suffers from a medical condition that requires expensive and specialized treatment, then a court would take that into consideration when assessing his or her ability to pay alimony. Similarly, the ability to pay for this treatment could also impact whether a person receives a higher alimony award.

A Health Condition Can Affect Property Division 

A person’s health condition could also come into consideration when the condition prevents that person from working or limits his or her income. In Florida, judges can assess the health of the parties when determining what type of property settlement would be equitable, or fair to both. In some cases, a person with a major health issue could end up receiving more of a marital asset, or less of a shared debt, because of the economic challenges they are facing.

A Health Condition Can Affect Custody 

One of the things that judges look at when coming up with a parenting plan and visitation schedule for a divorcing couple is whether the parties are physically able to care for their children, as someone who is suffering from a chronic medical condition may find it difficult to perform certain childcare tasks. Someone with a seizure disorder, for instance, may not be able to drive safely, in which case, regular custody exchanges may not be possible. A court will take these issues into consideration when deciding what type of arrangement will work best for a family.

Working with an Experienced Family Law Attorney 

Ideally, couples can work together to address any challenges presented by a health condition. If, however, this is not possible, a court will need to step in and assess how a spouse’s medical condition will affect his or her ability to pay alimony, or how it affects child custody. In either case, having an attorney on your side can make all the difference in ensuring that your interests are protected. Please reach out to our legal team to learn more.

Schedule a Free Consultation Today 

Grappling with a health condition can make the process of ending a marriage even more complicated. Fortunately, you don’t have to go through this ordeal alone. If you have decided to file for divorce and have questions about your health condition and how it could affect the outcome of those proceedings, please reach out to experienced and compassionate Fort Lauderdale divorce lawyer Sandra Bonfiglio, P.A. at 954-945-7591 today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html