Divorce can be emotionally devastating, and it can be even more complicated when infertility is part of the equation. Struggling to conceive takes a heavy toll on a couple’s mental and financial wellbeing. Besides, it can also have implications on the divorce settlement agreements between the parties. This article aims to discuss the legal and financial impact of infertility on Florida divorce cases.
The Legal Impact of Infertility on Divorce Cases
In Florida, the legal grounds for divorce are irreconcilable differences, mental incapacity, or a spouse being missing for more than 12 months. Couples do not have to prove fault to get divorced in Florida, which can be a benefit for couples dealing with infertility. However, infertility can still impact divorce cases in several ways.
Delay in Divorce Proceedings
Infertility can cause emotional distress, and couples may choose to postpone their divorce proceedings until they can conceive a child. In this case, the divorce process can drag on for months or even years, leading to additional legal expenses. This delay can further exacerbate the emotional toll on the couple, extending the hardships they face.
Child Support and Alimony
If the couple is unable to conceive, the issue of child support may not arise at all. However, if the couple already has children, the non-custodial parent may have to pay child support. In Florida, child support is determined based on the income of both parties, the number of children, and the time-sharing arrangement. Infertility does not affect child support calculations, but it can impact alimony payments.
When infertility is a factor, the financial burden of fertility treatments can impact the paying spouse’s ability to fulfill their alimony obligations. The costs associated with infertility treatments can strain the financial resources of both parties, affecting their ability to provide support.
Property Distribution
Florida is an equitable distribution state, meaning that property and assets acquired during the marriage are divided fairly, but not necessarily equally, in the event of a divorce. Infertility can impact the distribution of property if the couple has spent a considerable amount of money on fertility treatments. The expenses incurred during fertility treatments are still considered marital debts and assets, and a judge may take them into consideration while dividing property. The judge may allocate a larger share of the assets to the spouse who bore the financial burden of fertility treatments.
The Financial Impact of Infertility on Divorce Cases
Infertility treatments are often expensive and can have a significant financial impact on couples. According to the American Society of Reproductive Medicine, the average cost of in vitro fertilization (IVF) in the United States is around $12,000 per cycle. This high cost can put a significant financial strain on couples dealing with infertility.
Fertility Treatment Costs
The cost of fertility treatments can be considered both a marital debt and a marital asset. Therefore, it is subject to equitable distribution during a divorce, just like any other asset and debt. Depending on the duration and type of fertility treatments undergone by a couple, these debts and assets could be significant.
The complexity of fertility treatment costs lies in different factors like medication, doctor’s fees, laboratory tests, and procedures performed. The costs can vary greatly from one couple to another, creating a high degree of financial uncertainty and burden.
Insurance Coverage
In Florida, most health insurance policies do not provide coverage for fertility treatments like IVF. However, some companies are beginning to offer some coverage for fertility treatments as part of their health insurance policies. Couples struggling with infertility should carefully review their insurance policies to see if they have any coverages for such treatments. If fertility treatments were covered by insurance, a judge may take that coverage into consideration while dividing property. It is important for couples to thoroughly explore their insurance options to alleviate some of the financial pressures associated with infertility treatments.
Tax Implications
Fertility treatments can also have tax implications for couples dealing with infertility. The IRS may consider some fertility treatments as medical deductions, which can help reduce taxes if the couple itemizes their deductions on their tax returns. It is crucial for couples to consult a tax specialist to understand the potential tax benefits and implications relevant to their specific situation. By taking advantage of available tax deductions, couples can alleviate some of the financial burden associated with infertility.
Conclusion
Infertility can have a significant impact on divorce cases in several ways, either legally or financially. It can lead to delays in divorce proceedings, impact alimony payments, and influence property distribution. The cost of fertility treatments can also play a significant role in the financial outcomes of divorce cases. If you are thinking of getting a divorce and are facing infertility issues, it may be beneficial to consult a family law attorney who understands how infertility can impact divorce cases in Florida. They can provide you with legal guidance and support to navigate the complexities of divorce while dealing with the challenges of infertility. Seeking professional assistance will ensure that your rights and interests are protected throughout the divorce process.