Thursday, September 25, 2008

Does the presence of mental illness affect property division or support payments?

Your right to your property doesn’t change, but your ability to support yourself may be compromised by your condition. If you cannot legitimately provide for yourself because of your condition, you can petition for greater spousal support. The goal is to put both parents on a stable footing after divorce. Also, many parents who haven’t eaten up tens of thousands of dollars with lawyers are more willing to offer more spousal support than a judge would order, because they haven’t frittered away the cash on the lawyers. Although I generally advocate putting a detailed history and rationale in your divorce agreement for most issues, that doesn’t apply to mental wellness. The reason not to is that the divorce agreement will become part of the public record and would be visible to anyone who looked.

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