Divorcing A Partner With A Mental Illness

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Mental illness can have a significant impact on a marriage, one that often leads to divorce. According to the National Institute of Mental Health, nearly one in five adults in the US lives with a mental illness. If your spouse has a mental illness you are sure to have more concerns than with the average divorce. 

Mental illness is a very broad term that includes many different disorders. Some of the most common ones that come up in my practice are Narcissistic personality disorder,  Borderline personality disorder, Bipolar disorder, Anxiety & panic attacks, Depression, Post-traumatic stress disorder (PTSD), and Schizophrenia.   

Here are some of the common questions I get about divorcing a spouse with a mental illness. 

Can My Spouse’s Mental Illness Prevent Me from Obtaining a Divorce?

Your spouse’s mental condition will not prevent you from obtaining a divorce, but it can certainly slow down the process.  If your spouse has a debilitating mental health issue, the judge may appoint a guardian ad litem to represent them to ensure that the ill spouse’s legal interests are represented.

How Will My Spouse’s Mental Illness Effect Support?

Mental health issues can interfere with a person’s ability to support themselves or their family. If this is the case, a judge may award additional maintenance or a larger share of marital property or assets if the spouse’s mental health prohibits them from working or makes it difficult to hold a job. 

Parents have a legal duty to financially support their children regardless of that parent’s mental health status, so if a spouse is unable to work due to those issues, the spouse caring for the children may be awarded a larger share of marital assets to cover the child support. 

How Will My Spouse’s Mental Illness Effect Custody of Our Children?

The primary consideration for custody in New York is the best interest of the children. While the safety of the children will take top priority, the fact that a parent has a mental illness will not automatically preclude them from being in the child’s life. What happens will depend on the specific family situation and the effect on the children. 

Am I A Bad Person For Divorcing A Spouse With Mental Illness? 

Almost everyone who comes to me about divorcing a spouse with a mental illness feels a tremendous amount of guilt. It is a very difficult situation, but if you have made it to this point you have likely exhausted all of your other options. Oftentimes a divorce is what is best for you, your spouse, and your children. The best thing you can do is to handle the breakup with compassion and consideration. 

Schedule your consultation to learn more about divorcing a spouse with a mental illness.