Chronic illness is a factor in many divorces. Research shows that a majority of marriages in which one spouse is dealing with a chronic illness will lead to a divorce. When that happens, there are complex issues that A couple must deal with in a divorce, including the division of the marital property and custody of the children. While there are legal principles that would apply to the case, there may be little predictability about what could happen.
How Do Equitable Distribution Factors Control the Division of Property?
Maryland uses the principle of equitable distribution to determine how the marital property will be divided among the spouses. Above all else, courts endeavor to obtain fairness and how they split assets. If your case goes to court, the judge will look at several factors to decide who gets what property and how much. It would be up to the judge’s discretion how they weigh each of the individual factors in reaching their decision.
One consideration that may come into play is each spouse’s possibility of future earnings. The court does not want an unfair result that would leave one spouse in a disadvantaged financial position and with a lower standard of living while the other spouse can continue to make money and enjoy a similar standard of living to that they had in the marriage.
A chronic illness may impact one’s future earnings potential. Because of their health condition, they may not be able to fully work or even be employed. Accordingly, that spouse may be awarded a larger part of the marital property in light of their potential future financial situation.
On the other hand, chronic illness may have prevented the spouse from fully contributing to the household’s earnings and assets. A court could also consider each spouse’s contribution to the actual earnings of the assets in dividing the property.
Could Chronic Illness Lead to an Alimony Award?
Chronic illness may also lead to an award of alimony to the spouse who is sick. The other spouse would be able to continue working, while they may not be able to earn a living. Alimony considers the respective standards of living of the two spouses after the divorce. If there is a great disparity between how the two spouses may live, the one who could earn more money would need to make payments to the other. Alimony is something that could be negotiated between the spouses in a divorce settlement, or a judge may award it after a hearing.
Why You Need Advice from a Divorce Lawyer?
As you can see, numerous factors determine how marital property is allocated to each spouse. Typically, you are better off trying to negotiate a divorce settlement because it takes some of the unpredictability out of the equation. If the case goes to a judge in court, there may be some variation in how individual courts handle the situation because each has the discretion to apply applicable distribution factors.
If you or your spouse is chronically ill, you need legal advice to help you in your situation. A divorce attorney can help you devise a strategy to protect your legal interests in a settlement or if your case goes to trial. You should not try to negotiate on your own because you may not understand the legal factors at play. A divorce lawyer can negotiate on your behalf or present your arguments in court.
Contact the Baltimore Divorce Lawyers at Huesman, Jones & Miles, LLC Today
When your marriage is ending, the Baltimore divorce lawyers at Huesman, Jones & Miles, LLC can represent you in the legal process. You can schedule a free initial consultation with one of our divorce attorneys by messaging us online or calling us at 443-589-0150. We have offices in Hunt Valley and Towson, Maryland, and we serve clients in Baltimore, Baltimore County, Bel Air, Bentley Springs, Columbia, Freeland, Hereford, Hampton, Westminster, Essex, Monkton, Sparks Glencoe, Parkton, Phoenix, Pikesville, White Hall, Carroll County, Harford County, and Howard County.
