Divorce & Disability in Colorado

By Beverly Bird

Dealing with a disability – either your own of that of a loved one – is difficult enough when the family is intact. When spouses break up and the court gets involved, factors of disability add other considerations to the proceedings. Most states, including Colorado, have incorporated policies into their legislative codes that provide for this.

Spousal Support

If your spouse is disabled and cannot earn enough to support herself, it's likely that a Colorado court will order you to pay spousal support, particularly if your marriage was of long duration and the disability occurred during this time. Although Colorado law provides for short-term alimony until a spouse can gain financial independence, a disabled spouse probably is not going to be able to do that so the award would most likely be permanent. In divorce law, permanent support typically means open-ended until some event such as your spouse's remarriage or death terminates the obligation. The amount of spousal support depends on your ability to pay it without compromising your own needs. If you earn $5,000 a month, the judge won't order you to pay her $4,000, leaving you with only $1,000 to pay your own bills. The idea is not that your spouse should live better than you do, but that the income available to each of you should be about equal.

Child Support

Child support normally terminates in Colorado when your child reaches the age of 19. If she's disabled, however, it could last longer. A judge can include a term in your divorce decree that orders you to keep paying until such time as your child is able to hold down gainful employment, which may or may not ever happen. This rule applies whether your child is physically or mentally disabled. For purposes of calculating child support, Colorado uses both parents' incomes. If either you or your spouse are collecting disability insurance benefits, this counts as income, but if your child receives Social Security benefits due to your disability, this is not factored in.

Divorce is never easy, but we can help. Learn More

Effect on Custody

A parent's disability is not supposed to have any bearing on a Colorado court's custody decision, but as a practical matter, it might. It can't be the specific reason a parent is denied custody, but she may well be unsuitable as the custodial parent if the court finds that placing your child in her daily care is not in your child's best interests. For example, if your spouse is confined to a wheelchair and is unable to keep up with your active toddler, the judge can't place residential custody with her without potentially endangering your child. By the same token, if your spouse suffers a mental illness for which she is taking medication, and if her illness is under control, there's usually no reason to deny her custody because of it.

Property Distribution

A spouse's disability may have a small effect on property distribution as well. VA disability pay is considered an asset, but it's a spouse's separate asset under Colorado law, not marital property. Therefore, if you're receiving VA disability, you don't have to share these payments with your ex post-divorce. If you take your military retirement pay as disability, it's exempt from distribution, but the court will still assign this income to you for purposes of calculating child support or alimony.

Divorce is never easy, but we can help. Learn More
How Is Alimony Calculated in Ohio?
 

References

Related articles

Spousal Retirement After Divorce in Arizona

Arizona courts typically base alimony and child support awards on the divorcing spouses’ financial situations at the time of the divorce, but when circumstances change, a modification of alimony or child support may be appropriate. A spouse’s retirement may cause enough financial change for an Arizona court to issue a modification of his alimony or support obligations.

How Does Divorce Affect Food Stamps?

Eligibility for the federal Supplemental Nutrition Assistance Program (SNAP) – often called food stamps – is primarily based on your income and family size, which can change after divorce, but the exact method of calculation varies by state. For example, some states count the value of your vehicle while others do not. However, divorce itself does not affect your eligibility.

Can You Owe Child Support After a Child Is 21?

Nothing about divorce is ever totally black-and-white, including child support. Under most circumstances, you won't have to pay support if your children are over the age of 21. But exceptions exist to every rule, so it's possible that you might end up paying for a short while after your child's 21st birthday -- or even indefinitely.

Get Divorced Online

Related articles

Does a Spouse Receive Alimony When Divorced in Ohio?

Spouses can receive alimony during or after a divorce in Ohio, but it’s not an automatic right. Judges make alimony ...

Why Does a Parent That Doesn't Have Custody Have to Pay Child Support?

Just as you support your children financially while you're married, you must continue to do so when you divorce. The ...

How Long Do You Pay Alimony in Missouri?

Like many states, Missouri courts prefer to call alimony “spousal maintenance.” By any name, there are few definitive ...

Alimony Guidelines in Colorado

Alimony – called maintenance in Colorado – is one of the more hotly contested areas of divorce law. It lends itself to ...

Browse by category
Ready to Begin? GET STARTED