Marriage can be a tough road, and not all marriages end in happily ever after. One spouse’s mental illness can add significant challenges to even the best marriages. At a certain point, you may decide that you can no longer deal with a spouse’s instability or violence and need a divorce. While nothing can prevent you from divorcing a mentally ill spouse, you’ll need to plan ahead to make sure your divorce runs smoothly. Keep in mind that your duty to support a spouse won’t necessarily end upon divorce.
What Constitutes Mental Illness?
Each state has its own rules governing mental illness and divorce. But generally, mental illness is a mental health impairment ranging from a severe mental disease, like schizophrenia to an easily treatable condition, such as Seasonal Affective Disorder or mild depression. For example, you or your spouse may suffer from occasional bouts of depression and take an antidepressant which makes it completely manageable. Conversely, your spouse may be permanently institutionalized for an extremely severe mental illness. The severity of the illness will affect every aspect of your divorce.
Will I Be Required to Support a Mentally Ill Spouse?
Depending on the seriousness of your spouse’s mental illness, you may find yourself responsible for long-term financial support. For example, if your spouse’s mental health challenges make it impossible to hold a job, you may have to help a mentally ill spouse meet those basic needs. Additionally, if your spouse is currently institutionalized for mental health struggles or insanity, your local state government can seek reimbursement for a spouse’s treatment and housing costs.
On the other hand, a spouse who experiences minor bouts of depression or has Obsessive-Compulsive Disorder won’t automatically get alimony in a divorce. Like in any divorce case, a judge will factor in the requesting spouse’s needs, ability to be financially self-sufficient, and the other spouse’s ability to pay. Your spouse’s ability to be self-sufficient will affect how much alimony is awarded, if any.
Other Considerations
Your spouse’s mental stability can affect the process and outcome of your divorce. You can face major delays if your spouse suffers a manic episode or is hospitalized during the divorce process. It’s especially important to keep your cool when dealing with an unstable spouse. In certain situations, you may need to request that a conservator or guardian represent your spouse’s interests. This can be a family member or another adult designated by your spouse or the court. A conservator will represent your spouse's interests in the divorce and can help your case move forward.
Keep in mind that a divorce from a mentally impaired spouse may have its share of unusual difficulties. Your spouse may feel betrayed by the divorce and may lash out toward you or try to delay things. In certain situations, you may want to hire an an attorney to help you deal with a belligerent spouse. If at any time you feel that you or your child's safety is at risk, consider filing for a domestic protective order. A local family law attorney can offer additional advice for navigating the murky waters of divorce and mental illness.
Questions for Your Attorney
- My spouse has faced mental health challenges on and off during our marriage. How will this affect our divorce?
- My spouse has never been diagnosed with a mental illness, but I don’t feel like he’s emotionally stable. Can I prevent him from obtaining custody of our kids based on mental illness?
- I have a bipolar diagnosis but am diligent about taking my meds and attending regular therapy. Will this diagnosis hurt my custody case?