Under any kind of circumstance, divorce is a challenging time in your life. Trying to get divorced when you are dealing with a health crisis, however, adds multiple layers of stress and uncertainty. Whether it is you, your spouse, or your child dealing with a serious sickness or chronic condition, it is essential to take steps that protect your rights and well-being during this time. If you are considering divorce in New Jersey while facing health-related challenges, it is important to understand the legal and practical considerations. Doing so will help you move forward with confidence.
Key Takeaways
- Legal, financial, and medical concerns must be addressed to protect your rights and well-being.
- Options like COBRA, private plans, or NJ FamilyCare can help maintain coverage.
- Alimony can help cover medical and living expenses if a health condition affects earning capacity.
- Courts prioritize the child’s best interests, considering a parent’s health and caregiving ability.
- Asset division, estate planning, and government assistance can help secure future stability.
Legal Considerations for Divorcing During a Health Crisis
During divorce, there are many things to keep in mind. These issues become more pressing and complicated when you or your ex-spouse are going through a health crisis. Here are some things that you must consider and speak to an attorney about:
1. Health Insurance and Medical Coverage
One of the most immediate concerns in a divorce involving health issues is maintaining medical coverage. Many spouses rely on coverage provided through their partner’s employer, and divorce may impact eligibility. Losing access to health insurance can be particularly concerning for individuals with chronic conditions or ongoing medical treatments.
In New Jersey, you may have options such as COBRA, which allows you to temporarily continue coverage under your spouse’s plan, but this can be costly. Other alternatives include enrolling in an individual health plan through the Affordable Care Act marketplace or seeking coverage through an employer if available. If you have a young child or are low income, you may also qualify for NJ FamilyCare (Medicaid). Since health insurance changes can affect access to necessary treatments, it is crucial to address these issues early in the divorce process and incorporate provisions for continued medical care in the final settlement.
2. Spousal Support and Financial Security
If you or your spouse have a serious medical condition that affects earning capacity, spousal support (alimony) may be a critical factor in your divorce. New Jersey courts consider health conditions, financial need, and the ability to work when determining alimony awards. If one spouse is unable to work due to illness, they may require long-term or permanent alimony to maintain financial stability.
Additionally, medical expenses, disability benefits, and other sources of income may be factored into the financial arrangements. If you rely on your spouse for financial support due to a health condition, it is essential to provide documentation of medical expenses, treatment costs, and any limitations on your ability to earn an income. A well-structured settlement can ensure you receive the necessary support to cover both daily living and healthcare costs.
3. Child Custody and Parenting Time
Health crises can affect custody arrangements, particularly if a parent’s condition impacts their ability to care for the child on a consistent basis. Courts prioritize the child’s best interests, considering factors such as stability, caregiving capacity, and any necessary accommodations. If one parent has a serious illness that affects their ability to provide physical care, modifications to parenting time may be necessary to ensure the child’s well-being.
In cases where a health condition is temporary or manageable, courts may allow flexible custody arrangements to accommodate medical needs while preserving parental rights. If co-parenting is impacted by health-related limitations, the court may consider supervised visitation or adjustments to the parenting schedule. Parents facing health challenges should work with their attorney to propose a custody arrangement that safeguards their parental role while prioritizing the child’s welfare.
4. Equitable Distribution of Assets
New Jersey follows equitable distribution laws, meaning marital assets are divided fairly but not necessarily equally. When one spouse has significant medical expenses or an inability to work, these factors may influence the division of assets and debts. Courts take into account not only current medical costs but also anticipated future expenses, including treatments, medications, and long-term care needs.
Furthermore, if one spouse has employer-sponsored health benefits or retirement accounts that could contribute to future medical expenses, those assets may be given special consideration in negotiations. If you have a chronic illness or disability, it is important to work with your attorney to ensure that your financial settlement provides adequate support for ongoing healthcare costs and necessary living arrangements.
Practical Steps to Protect Yourself and Your Health During Divorce
If you are the one going through a health crisis, the most important step you can take is to be gentle with yourself. Here are some ways to protect your health while going through a divorce in New Jersey:
Prioritize Your Health and Well-Being
Divorce is emotionally and physically draining, and stress can worsen existing health conditions. Seeking support from medical professionals, counselors, or support groups can help you manage the challenges ahead.
Secure Financial Stability
Gather financial records, including medical bills, insurance policies, and income statements. If your health limits your ability to work, discuss options with your attorney to ensure your financial needs are addressed in the divorce settlement.
Plan for Long-Term Care Needs
If you have a chronic illness or disability, consider how your divorce may impact long-term care planning. You may need to update your estate plan, designate healthcare proxies, or explore government assistance programs that can provide support.
Get Legal Guidance from a New Jersey Divorce Attorney
Divorcing during a health crisis presents unique legal and financial challenges, but you do not have to navigate them alone. At Ziegler Law Group, LLC, our legal team is committed to protecting your rights and ensuring your needs are met throughout the divorce process. If you are facing a divorce in New Jersey while dealing with health-related concerns, contact our Livingston office today to schedule a consultation. Call 973-533-1100 or request a consultation to learn how we can help.
