Legal Question in Family Law in Washington

Divorcing disabled spouse

Woman custodian at work is filing for divorce. Woman had brain injury as child,which resulted in having problems reading, writing. Also has diabetes and other health problems; But wife works, has health insurance and retirement fund if she can work a few more years.

Husband who had stoke 13 years ago and now has other health problems and is not able to work is on SSI only and is covered on her health plan. After husband began to refuse dialysis last year, wife was having to take him to emergency room time after time, disrupting her life, her work and her sanity.

He currently is in a ''temporary care facility, but the facility is releasing him. A social worker with her health plan said wife was abusing her husband by not continuing to stay married . Husband is verbally abusive and always has been, but wife thought she had no choice but to stay with him. Will she have to divide her possible retirement fund and will she have to continue to provide him with health insurance? What can she do to prove she needs to keep her pension to take care of her own health issues?

There are no children and no real property. Thank you for whatever input and/or suggestions you can provide.


Asked on 4/30/06, 10:01 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Divorcing disabled spouse

Thank you for one of the best written questions I've seen in many months. It includes substantial relevant information.

The court if this matter went to trial may (and probably would) allocate a portion of her retirement to her spouse, how much is the tough question that is based on many factors. She may be required to provide spousal maintenance of some level until she retires, once again that will depend on many factors (mostly financial (asset and earning capability) situation of the parties). His SSI is part of his income and would considered in working out spousal maintenance and retirement account allocation. As to abuse by divorce. It is not abuse to do those things that a person is authorized to do by law. Washington divorce is no fault, no reason beyond the marriage is irretrievably broken need be given.

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Answered on 5/01/06, 5:22 am


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