When a marriage ends and one spouse has a significant medical condition, this often results in a range of issues that must be resolved through the divorce process. Some notable implications of medical conditions that we have seen in our practice include:
- An inability to work, or a limited ability to work.
- Emotional or physical limitations of caring for children.
- The need for significant, ongoing financial support.
- Medical debt that has been incurred resulting from the conditions.
- The receipt of Supplemental Security Income (SSI) or Social Security Disability (SSD) insurance benefits.
- Payments from an insurance policy covering disability or job loss.
If you or your spouse has a significant medical condition and you are considering a divorce, you need to speak with an experienced family law attorney to understand and preserve your legal rights.
Nevada is a community property state, which means that both spouses have an equal right to property and debt that was acquired during their marriage. The existence of SSI, SSD, insurance benefits and medical debt requires an attorney who understands how the law classifies this income and debt, and how to properly identify, appraise, and divide it accordingly.
One of the ways that a spouse’s medical condition may impact a divorce is in regard to alimony—or spousal support. In determining the amount and duration of alimony, Nevada’s alimony statute mandates that courts consider factors like a spouse’s mental and physical conditions, as well as the income and earning capacity of each spouse.
When a spouse has a medical condition that limits their ability to earn money, this has a direct impact on their ability to bring in an income—thus needing alimony payments or hindering their ability to make payments. Likewise, a spouse’s mental or physical conditions or impairments may convince a judge that the spouse should receive support to meet their significant financial needs.
A person’s medical conditions can also impact child custody issues. Family courts decide issues of custody based on a child’s best interest. This includes statutory factors that a court must weigh like the “mental and physical health of the parents.” Evidence of mental or physical impairments may support the conclusion that the other parent may have a greater capacity to meet the child’s day-to-day needs. In these circumstances, medical experts can play a significant role in providing an assessment of how a parent’s medical condition may impact their ability to parent their child.
Viloria, Oliphant, Oster & Aman L.L.P. is Here for You
If you or your spouse suffers from a medical condition, a family law attorney can help you assess your best options for preserving your legal rights. At Viloria, Oliphant, Oster & Aman, L.L.P., our experienced attorneys have a proven track record of successfully resolving complex divorces. We listen to our clients and provide responsive, thoughtful representation to our clients. Let us help you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a free case consultation or contact our office through our website.