Many factors affect alimony. The health of each spouse, the standard of living during a marriage and the length of the marriage can influence how much alimony the courts order and how long the payments last.
For parents who are the primary caregivers for their children, child support can augment any alimony that they receive. However, if a child is an adult with special needs who lives with and is dependent on a parental caregiver, financial determinations in a divorce can become much more complex. Assuming indefinite responsibility as a caregiver for an adult child with special needs can potentially influence alimony orders.
Caregiving can prevent full-time employment
Children with developmental delays and various medical challenges may never live a fully independent life. They may reside with their parents and rely on them for financial support. They may need daily nursing care, which one parent may have training to provide. The support that an adult child with special needs requires could interfere with the parent’s ability to maintain full-time employment or to fully develop their career.
The courts may consider a caregiving parent’s daily obligations when deciding how long alimony should last and how much alimony is appropriate. It is also sometimes possible to request a continuation of child support into the adult years in cases where a child cannot live independently or work to support themselves.
Caregiving parents concerned about maintaining a reasonable standard of living after divorce may need help understanding the law and developing an effective strategy during the early stages of a divorce. Reviewing family circumstances with a divorce attorney can help parents who are caregivers for their adult children understand and make use of their legal rights when facing complex divorces.
