Disability, Divorce and a Dependable Illinois Divorce Attorney

 Posted on March 14, 2014 in Distribution of Assets

Deciding to file for a divorce takes insurmountable courage, especially if you are living with a disability. According to a recent U.S. Census Brief, one fifth of all Americans are facing daily challenges due to a disability. The numbers are only expected to increase over the coming decades.

One case scenario could highlight a woman with a diagnosed disability who has been married for 25 years with no children involved. Her spouse's substance abuse issues have become intolerable and after considerable counseling there is no hope left for saving the marriage. There is nothing left to do but to contact an experienced divorce attorney and move forward. For many disabled Americans facing divorce, additional circumstances may need to be taken into consideration. For those residing in Illinois, the Marriage and Dissolution of Marriage Act (750 ILCS 5) will provide for the following three areas of possible continual support: Temporary

Maintenance payment agreed upon by both parties to cover short-term expenses.

Rehabilitative

Maintenance payment to one spouse until financial independence is achieved.

Permanent  Maintenance payment of life-time payments agreed-upon by both parties. In Illinois there are several factors that will ultimately determine the type of maintenance awarded. The appointed judge will review the economic profile of each individual, joint property owned, overall age and the health of each person as well as the length of the marriage. As illustrated in the case scenario the couple had been married for 25 years. The wife has never worked outside the home and her ability to enter the job market is limited by her disability. The judge takes into consideration that even though there are laws against discrimination the woman's chances of obtaining sustainable employment are considerably less than of her male counterparts. All factors will be taken under advisement by the judge who may award a higher maintenance allowance based on all contributing factors. Based upon the nature of the disability, there may be additional considerations which should be discussed with an experienced Illinois attorney with regard to the final divorce settlement. Hypothetically, the female in our story will now be living alone and her safety and managing daily duties may warrant further discussion. Our hypothetical female will now be living alone and safety may be of concern. Additional living expenses may include the use of an electric scooter, access to a wheelchair ramp or even the need for a walk-in style type of tub surround. With the disabled spouse now living on her own without the assistance of her spouse, housekeeping issues may also be a factor in the final divorce settlement. All considerations should be given to ensure the challenges of daily life are met in order to facilitate independence. If you are one of the many Americans living with a disability and facing the challenges of a divorce, the experienced  and dependable law team of A. Traub & Associates will rise to the challenge to address your many concerns. We will work diligently to ensure all of your needs are met to reach a satisfactory settlement quickly and professionally. We will not back down from any challenge. Contact us at 630-426-0196 to schedule your consultation today.