The disability of one of the parties to a divorce, or the disability of a child of that marriage, could have serious impact upon the divorce proceedings and especially, the financial outcome of them. In instances, for example, where there might not otherwise have been an alimony obligation between the parties, one might be created by virtue of the fact that one party can no longer support himself or herself. Along that same idea, an alimony obligation that night otherwise have been limited duration might be considered a permanent obligation depending upon this aggravating factor. It is not the only factor to be considered, but it can become an important one in the eyes of many judges.
In a similar vein, children of the marriage that have disabilities may never be “emancipated” under the laws of the State of New Jersey, which does not have an automatic emancipation provision. The children could be financially dependent for the remainder of their natural lives. Further, if either parent receives a derivative disability benefit for a child, that will also have impact upon the respective parents’ financial obligations and any child support calculation.
Should your matter be complicated by a factor such as the one raised herein, a consultation with an experienced family law attorney can help you to better appreciate and understand these issues as they impact your divorce. Posted by Elizabeth A. Calandrillo, Esq.