If you are terminally ill and you are going through a divorce, there are complications that you may face that those who are not ill may not face. Here are some of those issues:
Child Custody Issues
Child custody is one of the most contentious issues couples face when divorcing. Unfortunately, being ill can complicate your child custody endeavors. It is not that the court will automatically deny you custody if you are ill; it is just that some of the complications associated with illnesses may make you an unsuitable custodial parent in the eyes of the law.
For example, if you have limited mobility and use assistive devices for getting around the house, the other parent may argue (and rightly so) that they are best placed to provide for the child's everyday needs as compared to you. Therefore, you will need to prove that your illness will not affect the child's wellbeing if you want to have their physical custody.
Estate Planning Issues
Another complication you may face due to your illness is that related to your estate planning endeavors. As a married person, it is likely that your partner has a large part to play in your estate plans. Maybe you have a trust fund for them, have named them as the main beneficiary in your will or life insurance package.
Assuming you divorce and then pass away without making changes to your estate planning documents, your former partner will still be entitled to the assets you had bequeathed them in your documents. That is why you should change your estate planning beneficiaries if you are divorcing your partner and you no longer wish for them to inherit a huge chunk of your assets.
Unfortunately, this is easier said than done, especially if you are very ill. Your partner may argue that you are too ill to know what you want. This is even more likely if you are struggling with mental illness. You need to be careful with your estate plans so that your beneficiaries or those who feel shortchanged by your plans don't challenge your wishes after your demise.
Health Insurance Issues
Lastly, you should mind your health insurance issues, especially if you are relying on your partner's insurance coverage. You don't want to go into the divorce without a plan and end up without insurance coverage post-divorce. Some of the options available to you include buying insurance coverage from independent providers, keep your current plan (but pay for it on your own) or get one from your employer.
For more guidance, contact family law services and explain your situation.Share