alimony and illness

While the end of a marriage often brings closure, the financial ties between spouses can sometimes last much longer. In cases where one spouse requires ongoing financial support, alimony payments may continue after a divorce. However, it may be a surprise that these payments could still be in effect even if the receiving spouse becomes ill or disabled. Depending on the circumstances, an ex-spouse’s illness or disability could result in an indefinite extension of alimony payments. This can be especially challenging for the paying spouse, who may already be dealing with the added expenses and emotional strain of a divorce. It is important for individuals going through a divorce to understand and plan for any potential long-term financial obligations fully. With careful consideration and communication, both parties can prepare for any unexpected events that may arise in the future.

What is Alimony?

Alimony is a financial support payment one spouse makes to the other after a divorce. In most cases, the payments are made until the receiving spouse can become self-sufficient. However, there are some circumstances where alimony payments may be extended, such as when the receiving spouse is dealing with an illness.

How is Alimony Paid?

Alimony payments are usually made monthly and continue until the receiving spouse can support themselves financially. The court will consider a few different factors when determining whether or not to award alimony, such as the length of the marriage, each spouse’s earnings and abilities, and any custody arrangements.

In most cases, alimony payments will cease if the receiving spouse gets remarried or begins living with a new partner. However, there are some circumstances where the payments may be extended. For example, if the receiving spouse is dealing with an illness that prevents them from working, the court may order the payments to continue for longer. Alternatively, if the couple has young children, the court may order one spouse to pay alimony until the children are grown up and no longer need financial support.

If you’re dealing with a divorce and think you might be entitled to alimony payments, it’s essential to speak to an experienced family law attorney who can help you understand your rights and options. Call Sawin Law, P.C. at (781) 713-1212 to discuss your case with our team.

Will Alimony Payments Be Extended if I Become Ill?

In most cases, alimony payments are not indefinite. However, in some cases, such as if the recipient becomes ill, the payments may be extended. If you become sick and cannot work, you may petition the court to extend your alimony payments. The court will consider many factors, including the severity of your illness, prognosis, and ability to pay for medical treatment. The court may extend your alimony payments if you can prove that your illness has prevented you from gainful employment. However, if your illness is not severe or expected to last long, the court may deny your request for an extension. Ultimately, each case is decided on its merits, and the court’s final decision is final.

The court typically orders alimony payments at the time of divorce. If you become ill after the divorce is finalized, you will not automatically be entitled to an increase in alimony payments. However, you may be able to modify your alimony agreement if you can demonstrate that your illness has significantly decreased your earning capacity. For example, if you cannot work or must take a reduced salary due to your illness, you may be able to argue for an increase in alimony successfully. Please contact our office if you have any questions about your rights or obligations regarding alimony. We would be happy to help you through this challenging time in your life.