How Disability Can Affect Alimony Awards and Modifications
Clients often turn to legal firms with questions about how health conditions, particularly disabilities, might impact the outcome of their divorce. Disabilities can have a profound effect on alimony, shaping both initial awards and potential future modifications.
Whether someone is requesting support due to their inability to work or seeking to adjust their payments after becoming disabled, the court must weigh the individual circumstances carefully. Alimony decisions are never one-size-fits-all, and disability often adds another layer of consideration to an already sensitive legal process.
Anderson Barkley, LLC has nearly 30 years of legal experience, offering trusted representation to countless families and individuals in family law matters. When you team up with Attorney Jeanine Anderson, you receive trustworthy and transparent communication at every step. The firm serves Denver, Colorado, and surrounding areas, including Jefferson County, Douglas County, Arapahoe County, Larimer County, and Boulder County.
How Courts Evaluate Alimony in Colorado
Alimony, also known as spousal maintenance in Colorado, is designed to help one spouse maintain financial stability after divorce. Courts consider many factors to decide whether alimony is appropriate and, if so, how much should be awarded.
These factors often include the length of the marriage, the standard of living during the marriage, each party's financial resources, and their ability to support themselves.
When a disability enters the picture, it often influences two key areas the court considers: earning capacity and financial need. A person with a disability may have a reduced ability to work full-time or may not be able to work at all. This can result in the need for longer-term or even indefinite alimony awards.
Likewise, the party being asked to pay alimony may also be disabled, which could reduce their capacity to contribute to support payments. This makes disability a vital consideration for both sides of the alimony discussion.
Types of Disability That May Impact Alimony
Disability can take many forms, and not all conditions affect alimony decisions equally. Courts tend to consider how a specific disability affects the daily functioning and employability of the individual. In general, more severe and permanent conditions will carry more weight in support calculations.
Physical disabilities: These include mobility limitations, chronic illnesses, or injuries that prevent someone from working or performing certain job functions.
Mental health conditions: Psychological disorders such as PTSD, bipolar disorder, or major depression can severely limit someone’s earning potential or make employment unrealistic.
Degenerative conditions: Illnesses that are expected to worsen over time, such as multiple sclerosis or ALS, may lead to increasing financial need and affect long-term alimony arrangements.
Medical documentation is often needed to support disability-related claims in an alimony proceeding. This can include physicians' statements, treatment records, and proof of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.
Disability and Initial Alimony Awards
When one spouse requests alimony during the divorce process, disability is often a key factor in determining eligibility and the amount of support. A person with a disability may be unable to achieve self-sufficiency and may require more assistance than someone who can re-enter the workforce easily.
For example, if a disabled spouse served primarily as a homemaker during the marriage and lacks the skills or health to gain full-time employment post-divorce, the court may decide to award alimony for a longer period. This could include rehabilitative maintenance to allow time for job training or permanent maintenance if the disability prevents any form of work.
Colorado courts have broad discretion in awarding maintenance, and disability often tips the scale toward granting longer-term support.
In contrast, a spouse with substantial income or assets may still be required to pay alimony even if the other spouse isn’t working, provided the payor has the means to do so and the recipient's disability creates a financial need.
When the Paying Spouse Is Disabled
Disability doesn't only affect the receiving party—it can also play a major role when the spouse responsible for paying alimony becomes disabled. If the paying spouse develops a condition that restricts their ability to work or significantly lowers their income, they may be eligible to request a modification of their alimony obligations.
In Colorado, alimony modifications are permitted when there is a substantial and ongoing change in circumstances. Disability often qualifies, particularly when it results in job loss, reduced income, or increased personal expenses like medical care and caregiving needs.
Courts will examine current financial conditions, medical needs, and income sources to decide whether a reduction—or sometimes termination—of alimony is appropriate.
It’s worth noting that disability must be verified through clear documentation. Courts don’t typically accept self-diagnosed or unverified conditions as valid grounds for changing alimony orders. Medical records, employment history, and updated financial disclosures all help support a modification request.
Temporary vs. Permanent Disability Considerations
Not all disabilities are lifelong. Courts distinguish between temporary and permanent disabilities when evaluating alimony. A temporary injury or illness may result in a short-term alimony increase or delay in payments, while a permanent disability may lead to indefinite support obligations or permanent changes to existing agreements.
In situations involving temporary disability:
Short-term payment adjustments: Courts may pause or reduce payments for a set period until the paying spouse recovers or the recipient secures income.
Review dates: Temporary orders often include a review clause, giving the court the chance to revisit the situation after a designated timeframe.
When the disability is deemed permanent:
Long-term or indefinite support: If the receiving spouse is permanently disabled, the court may award lifetime alimony.
Permanent reductions: A permanently disabled paying spouse may qualify for a permanent reduction in their alimony obligation.
The nature and duration of the condition matter greatly in these decisions, which makes proper documentation and planning essential.
Disability Benefits and Income Considerations
Another factor that influences alimony decisions is whether the disabled spouse receives government benefits. SSDI and SSI can affect both the ability to pay and the need for support. Courts must weigh how these benefits supplement or replace traditional employment income when calculating financial need and responsibility.
For the recipient spouse, SSDI benefits don’t typically eliminate the need for alimony, especially if they’re modest. In contrast, if a paying spouse receives SSDI due to disability, the court may reduce their support obligations depending on the benefit amount and their overall financial situation.
In some cases, the court may even consider a payor's long-term disability insurance as part of their income, especially if the benefits are substantial. The type of disability benefit, whether private or public, and whether it’s taxed, can also affect the outcome.
How Disability Affects Alimony Modifications Over Time
As life circumstances change, so too can alimony obligations. If either party becomes disabled after the original alimony order is in place, they may petition for a modification. Colorado courts allow changes to alimony when there’s a significant and ongoing change in income, health, or employment status.
Some reasons a person might request an alimony modification due to disability include:
Loss of employment: If a disability forces the paying spouse to stop working, the court may lower or eliminate the alimony obligation.
Increased expenses: A recipient with a new disability may require additional financial help to cover healthcare or support services.
New disability benefits: A payor who starts receiving benefits might see a recalculation of their ability to pay based on those new income sources.
The modification process usually involves filing a motion with the court and attending a hearing. Both parties may need to update their financial affidavits and present medical evidence to support the change.
Modifications are more likely to be approved in cases of permanent disability, especially if the court determines that continuing the current support arrangement would be unfair.
Disability-Related Expenses That Influence Alimony
One often-overlooked factor in alimony cases involving disability is the cost of managing that disability. Courts may consider how disability-related expenses affect both the ability to pay and the need for support. These expenses can add substantial financial pressure to either party, influencing the court’s decision on support.
Common expenses include:
Medical treatments and prescriptions: Ongoing care can result in thousands of dollars in annual costs.
Home or vehicle modifications: Ramps, lifts, or vehicle retrofits can create financial strain, especially on a single income.
Personal caregiving: Hiring aides or attending therapy sessions can also impact a person’s financial picture.
By considering these costs, courts can create a more balanced alimony order that reflects real-life circumstances instead of relying solely on income or work history.
Speak to a Divorce Attorney
Disability can have a lasting effect on alimony awards and modifications. Whether you're seeking support or responding to a request, the legal process must account for medical conditions, income changes, and long-term needs. For those in Denver, Colorado, or anywhere in Jefferson County, Douglas County, Arapahoe County, Larimer County, or Boulder County, Anderson Barkley, LLC offers experienced legal guidance in these sensitive and often complicated matters. Call today to schedule a consultation.