Disability & Divorce

Decrees providing for child support payments often require the paying spouse to carry disability insurance. This disability & divorce coverage is intended to protect the interest of children in the event of illness, injury, or incapacity which interrupts regular income. Additionally, if receiving disability before dissolution, most states treat disability income as regular income from salaries for purposes of property divisions. Contractual alimony may be used in compromise settlement agreements in lieu of property division.

Note when filing:

The laws providing for the dissolution of marriage, property distributions, and child support requirements are unique to each state because of inconsistencies in divorce decisions rendered by state courts. As new cases are published, new precedents create variations in impact. For this reason, everyone considering filing should consult a local attorney. Best results are usually obtained with careful planning and legal counsel before committing to any plan. Also be aware that documents constitute a permanent public record. These records are rarely withdrawn, expunged or deleted absent a court finding of exigent circumstances. Public records are provided to anyone wiling to pay a small fee.

An important consideration driving the development of new laws centers around children of the marriage. Children are typically not represented by lawyers in proceedings, yet are considered, as an established matter of judicial policy, to deserve an overriding interest in the outcome. The special requirements of children financially, socially, parentally and educationally are all considered and are the joint responsibility of each parent. Courts are given authority to protect all interests of children in family court despite agreements between parents to the contrary.