Dealing with a divorce is never easy. It’s a stressful, emotional, and life-changing event, and it becomes even more challenging if your spouse has special needs. Divorcing a spouse with special needs in South Carolina involves many unique considerations and legal complexities that you need to navigate carefully. Here’s what you need to know:
Understanding The Law
When it comes to divorce, South Carolina is an equitable distribution state. This means that the court divides marital property and debts in a fair and just manner, but not necessarily equally. However, when one spouse has special needs, it can change the way the court looks at what is equitable.
In South Carolina, a person with special needs is often considered to have "unusual circumstances." This is where the court has the power to order a disproportionate division of property in favor of the spouse with special needs. The court may also order additional alimony to ensure that the spouse with special needs has enough resources to support themselves.
Custody Concerns
If you and your spouse have children with special needs, custody is another significant consideration. The court will look at the best interests of the child, as well as the parents’ ability to care for their child’s unique needs.
In many cases, the court will order a parenting plan that outlines how the child’s needs will be met. This plan may include provisions for medical care, therapy appointments, educational needs, and other services that the child requires. The court will also consider the ability of each parent to meet the child’s needs.
Financial Concerns
When divorcing a spouse with special needs, financial considerations are a significant factor. You’ll need to account for your spouse’s current and future financial needs. In some cases, a spouse with special needs may not be able to work, and their medical expenses may be significant.
Alimony is one way that the court can ensure that the spouse with special needs has enough resources to support themselves. The court may also order that specific assets, such as retirement accounts, be awarded to the spouse with special needs.
Special Needs Trusts
In some cases, a special needs trust may be necessary to ensure that the spouse with special needs is adequately cared for after the divorce. A special needs trust is a legal arrangement that allows for funds to be held in trust for the benefit of a person with special needs.
The trust is managed by a trustee, who can use the funds to pay for the beneficiary’s needs while still allowing them to qualify for government benefits. By using a special needs trust, you can ensure that your spouse with special needs is cared for, even after the divorce is final.
Final Thoughts
Divorcing a spouse with special needs in South Carolina can be challenging. There are many unique considerations and legal complexities that you need to navigate carefully. Working with an experienced divorce attorney who understands the needs of your spouse can help you ensure that the divorce process is as streamlined and stress-free as possible.
Remember, even though the process can be challenging, it’s essential to keep the best interests of your spouse and any children in mind. By working together to develop a plan that works for all parties, you can ensure that everyone comes out of the divorce with the care they need to thrive.