Divorce When Your Spouse Has Dementia

 Posted on August 22, 2024 in Divorce

The chances of developing illnesses like dementia or Alzheimer’s that cause cognitive decline increase with age. When people lose their memory and cognitive functioning, their personalities change too. Patients often feel a great deal of confusion, which can make them angry and lash out at those around them. Staying married to someone who no longer acts like the person you met decades ago can be extremely challenging. However, it can be legally and emotionally complicated to get a divorce in that situation. This article will offer tips for navigating this transition. If you are feeling conflicted about divorcing your spouse who suffers from dementia, speak with an experienced Kane County, IL divorce lawyer to understand your options.

Emotional Toll of Dementia on Marriage and Divorce

Your spouse’s dementia can take an enormous emotional toll on you and your relationship. People sometimes feel guilty about seeking a divorce from a spouse suffering from dementia. If you were unhappy in your marriage, the development of cognitive issues should not make you feel forced into staying. Remaining married will not improve your spouse’s health. You can still help him after the divorce and ensure he gets the medical care he needs, but staying in the marriage could make you more resentful and less willing to sacrifice your time and resources for him.

How Can My Spouse’s Comprehension Affect Our Divorce?

If your spouse is experiencing cognitive decline, he might not fully understand what is happening around him and what divorce means. Making decisions about things like how you will divide your property and assets can be challenging. The condition can also grow worse with time. He might have been of sound mind when you began discussing divorce and has much less clarity as the proceedings progress. If your spouse can no longer make reasonable decisions for himself, a guardian might be appointed to the case to help represent your spouse’s interests and make decisions on his behalf.

Illinois follows an equitable distribution model for the division of property in a divorce. That is true regardless of the mental health of the spouses. Your spouse has the right to his fair share of your marital estate even if he cannot manage his finances. If a guardian is appointed to the case, you will need to negotiate the division of marital assets and property with the guardian. Often, in divorce with dementia, the spouse without dementia would retain a family home, and the other spouse would receive assets to enable them to stay in a suitable nursing home and receive the care they need.

Schedule a Free Consultation with a Wheaton, IL Divorce Lawyer

If you are considering getting a divorce from your spouse who has dementia, speak with an experienced Naperville, IL divorce attorney who can handle your case with sensitivity while protecting your rights and interests. It can be complicated to navigate the process with a court-mandated guardian representing your spouse’s interests. It can also be challenging to work through the emotional toll this can take on you. Call Divorce Over 50 - Goostree Law Group at 630-634-5050 to schedule a free consultation so we can guide you at this time.