Few life events are as challenging as divorce, and the challenges multiply when one spouse faces significant care needs. These needs introduce unique considerations regarding asset division, financial security, and future well-being.
The primary goal in asset division is to achieve a fair and equitable distribution
When one spouse needs substantial care, courts consider several factors:
- The nature and extent of the care required
- The financial resources needed to provide that care
- The ability of each spouse to contribute to those care needs
- The duration of the marriage and the caregiver’s role during that time
- The impact of caregiving on the caregiver’s earning capacity
Tennessee courts follow the principle of equitable distribution. This does not always imply a 50/50 split. When one spouse needs significant care, this can greatly influence the court’s decision.
In cases involving care needs, the court might deviate from standard asset division practices. For instance, the court may order the other spouse to pay alimony or provide for specific care-related expenses.
The court may also consider allocating a greater share of the marital assets to the spouse requiring care to ensure their future well-being. This decision might account for ongoing medical expenses, necessary home modifications, or potential loss of earning capacity due to health issues.
Tennessee law also recognizes the concept of dissipation of assets. If one spouse has used marital funds for their own benefit, including unnecessary medical procedures, the court may adjust the asset division accordingly.
Do not face the uncertain future alone
Legal matters can feel overwhelming, especially when health and care needs are in the mix. It is essential for couples to seek the help of an attorney. Professional guidance ensures that decisions consider all aspects of the situation, creating a more secure path forward for both spouses.