For couples facing the dual challenge of divorce and a chronic medical condition, it is essential to learn how it may influence spousal maintenance (alimony). Understanding the role a serious illness may play in alimony determinations can help you determine your next steps.
The following shines a light on this issue, which occurs more commonly than many anticipate, from both spousal perspectives.
If the paying spouse is ill
When the paying spouse becomes chronically ill, their ability to meet alimony obligations may be significantly affected. New York courts consider several factors when determining alimony, including the health and earning capacity of both parties.
If the illness severely limits their work ability, they may ask the court for an alimony modification. The court can evaluate the illness’s severity, prognosis and financial impact on the paying spouse. If the changed circumstances are serious, the court may reduce or even suspend spousal maintenance.
If the receiving spouse becomes ill
Conversely, if the receiving spouse suffers a serious condition, the need for alimony may increase. Chronic illness can lead to significant medical expenses and reduced earning capacity, making maintenance more critical.
If the illness prevents the receiving spouse from becoming self-sufficient, the court may intervene. The judge may extend the duration or raise the amount of alimony to provide the receiving spouse with sufficient resources to manage their health and daily living expenses.
New York family courts strive for fairness when making spousal maintenance decisions. Whether you pay alimony or receive it, you may benefit from legal guidance when a serious illness disrupts your pending or existing spousal maintenance arrangements.