Health, Wealth & Divorce
Tampa Divorce Lawyer Nilo J Sanchez understands the complexity that some contested divorces present. A couple’s physical or mental health during the marriage and at the time of their divorce can present unique circumstances that require the expertise of a seasoned Tampa divorce attorney.
Division of Assets & Property
When divorcing in Florida, couples who are party to a contested divorce must settle their assets and liabilities. This process is called equitable distribution. Many couples believe that their assets and liabilities must be “equally” distributed between them; however this is not always the case. In fact, the law states that there should be a “fair and equitable distribution” of assets and liabilities. But in some cases, a judge may order an unequal distribution of assets and liabilities. In order for the court to award an unequal distribution of assets, the court must make specific findings to support this decision.
Mental health, chronic health problems & addiction in Divorce
The overall health of the divorcing parties can affect the outcome of a divorcing couple’s estate settlement. A judge can award one party a lesser or greater share of their assets or liabilities incurred during the marriage. For instance, if addiction was present during the marriage and it is proven that one party spent a substantial amount of money on drugs, alcohol or gambling during the course of their marriage, the judge may not award any alimony. If one spouse has had chronic health issues during the marriage, the judge can sway from the norms and award a more substantial alimony award, or lesser if the person with the chronic health problem is the payee.
Mentally or Physically Incapacitated
In Florida, a mentally incapacitated spouse is entitled to their share of the marital assets. The courts appoint a guardian to represent the spouse who has been deemed mentally or physically incapacitated. (Source) FL Statues
61.052 (b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.
If one of the parties in a divorce are physically or mentally incapacitated or if there are other chronic health issues that are not considered “incapacitation” a judge can take this into consideration. In short, the court can consider the chronic health problems of either party in a final judgement.
Addictions & Florida Divorces
High Net Worth, Divorce, Health & Wealth
When there is considerable wealth in a contested divorce, this is called a high net worth or high asset divorce. Attorney Sanchez represents many couples who require the expertise of a Tampa high net worth divorce lawyer. A couple with considerable wealth may have greater assets but considerable mental or physical health issues. It is highly beneficial to hire an experienced Tampa divorce lawyer to suit your needs. Attorney Sanchez will work to protect your wealth and your health by negotiating marital settlement agreements or litigating your high net worth divorce where there are health or addiction problems.
As in any contested divorce, if a couple is divorcing after a long-term marriage, the court can order the healthy spouse to pay permanent alimony (with no end date) to the mentally ill spouse. It will be up to your divorce lawyer to prove to the courts that a health issue should be considered in areas of equitable distribution and alimony awards. Mr. Sanchez will work diligently to ensure that your health, wealth and financial future is secure.
As you can see, the health issues of divorcing parents can play a big part in the financial aspect in a divorce settlement. Children’s health issues can also affect the outcome in a final judgement. A child with major health issues may require more financial resources, but also special care that requires one parent to be present which can limit their ability to work. This also applies to unmarried parents in Florida. An upward or downward deviation of child support can be considered and awarded by a judge.
Health of Parents – Timesharing & Child Support
The health issues of the parents can be considered when determining timesharing and primary custody or residence. When drug or alcohol abuse is a factor, the judge may determine that it is not in the best interest of the child and may limit timesharing. However, a judge is not likely to limit timesharing to a parent with other chronic health issues unless there are mental health issues severe enough that they could be detrimental to the best interest of the child.
Contact Tampa Family Law Attorney, Nilo J Sanchez & Associates
If you would like more information or to schedule a consultation with Tampa Divorce & Family Law Attorney Nilo J. Sanchez & Associates, please call 813-879-4600 or use the form below to contact us.