I am disabled and my wife has become my only caregiver with power of attorney. She wants a divorce, but can she just walk out on me without notice since she is my only caregiver?
Will she have to pay me alimony or give up rights to our property so that I am able to financially support myself?
While the result of a divorce on your situation depends on many factors and the rules in your jurisdiction, I can give you some general guidelines about the law and what may be involved.
First, note that a divorce action can only protect you in so many ways, primarily with respect to financial support and property division. If your wife wanted to walk out on you even though she is your only caregiver, no court could order her to take care of you. You will have to address your care in other ways, including redoing your power of attorney designation.
One way the court can protect your rights is that you can receive financial support in the form of alimony or spousal support. There are no mandated guidelines for the calculation of support; such as award is within the discretion of the court.
Your state likely has a statutory list of factors to consider in awarding support, including the length of your marriage, your age and health, the standard of living you enjoyed together, if you need support to meet your reasonable needs, and whether she can afford to pay support.
The other way the court can protect your rights in divorce is through the property division. North Carolina is a state that recognizes equitable distribution of property, which is usually 50/50 but not always the case
Most judges in this state favor awarding each party fifty percent of the marital property, unless certain factors make a good case for an unequal distribution. Unequal distributions come in all percentages, from 51.2% / 48.8 % to 95% / 5%, for example. The standard court case, however, results in an even 50/50 split of the property.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Trisha B. Festerling is an Associate Attorney in the Milwaukee, Wisconsin office of Cordell & Cordell where she practices family law exclusively. Ms. Festerling’s practice is focused on men’s divorce, child support, child custody, paternity and modification. She is licensed in the state of Wisconsin. Ms. Festerling received her Bachelor of Science degree in Criminal Justice with a focus on Political Science, Magna cum Laude, from the University of Wisconsin – Milwaukee. She received her Juris Doctor from Regent University School of Law in Virginia Beach, Virginia.
4 comments on “Division of property when one spouse is disabled”
I live in CO. I am disabled, me and my wife have been married 30 Years we put the house in only her name when we bought 7 years ago because I was sick my wife has never worked, I have been disabled for 4 years now and I came home to a letter saying she was leaving because she is not happy she moved out and I’m scarred because of my situation she wants the house sold and everything split 50/50 but because of my situation I don’t think that’s fair our kids are grown and I am wondering if I have any extra rights being disabled for dividing up the assets especially since every thing we have came from my working carrier. Any information would be greatly appreciated email@example.com
Do you believe in God are you save if so nothing to worry about
My wife filed for divorce. We live in Georgia. Our house is in both our names. The house was bought and made handicap accessible for me. I’m in a wheelchair. The house was bought with settlement money I got from my wreck that put me in the wheelchair. My wife says that she is keeping the house in the divorce because we have two children and I am to move out when it’s final.
Will she be able to keep the house or will a judge give it to me because of my disabilities and it’s made for me or what will happen. I’m scared to death that She will get the house in the divorce. Or do I have nothing to worry about.