Serious Physical Illness and Divorce in Illinois

 Posted on September 12, 2024 in Divorce

People can decide to get a divorce at any age. Sometimes, when older individuals make this decision, one of the spouses is dealing with a serious physical illness. Perhaps you and your wife considered divorce before she got sick. If you stayed to help manage her healthcare but it has been an issue for a long time, you might feel like your life is taking a back seat to the spouse you already planned on leaving. Or maybe your husband has treated you horribly for years and you are finally ready to end the marriage. If he suddenly gets diagnosed with a critical illness, it does not change how you feel about him and being married to him.

However, serious illness can complicate divorce in several ways. There are unique considerations regarding things like the division of assets, insurance, and alimony in this type of situation. If you are considering divorcing your spouse who is very sick, contact an experienced Naperville, IL divorce lawyer who can handle your case with compassion, sensitivity, and reliability.

Division of Assets When Divorcing Someone Who Is Seriously Ill

Illinois is an equitable distribution state. That means that instead of simply dividing everything in the marital estate equally, many factors are considered to ensure that the assets are divided fairly. These factors generally include the length of the marriage, each spouse’s financial situation, and each spouse’s earning capacity.

A serious illness and its related physical limitations will also be taken into account since the sick spouse will have added needs and less ability to manage them. Home health aids, assisted living facilities, and nursing homes are all possibilities when someone’s health declines significantly, and these can be factored into the equitable division of a marital estate.

Insurance and Alimony Issues When Divorcing Someone Who Is Seriously Ill

Medicare covers many costs associated with significant health issues, but every situation is handled uniquely. If your spouse has been included in your work-provided insurance policy, you might be required to keep them insured as part of your divorce settlement.

If they cannot financially support their medical costs, you might also be obligated to pay spousal support, otherwise called alimony, to reflect this.

Schedule a Free Consultation with a Compassionate Kane County, IL Gray Divorce Lawyer

What is clear from the information listed above is that there are many factors to be aware of when contemplating divorce with someone who is seriously ill. If you are considering this, speak with a skilled Wheaton, IL gray divorce attorney to make sure you have all the information you need to make the best decision for you. Call Divorce Over 50 - Goostree Law Group at 630-634-5050 to schedule a free consultation.