If I have a major medical condition, will this favorably impact a divorce settlement?

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If I have a major medical condition, will this favorably impact a divorce settlement?

I am listed for organ transplant. I incurred 10K of out of pocket medical expenses last year. Due to these costs my liquid savings are relatively low, yet my ex still wants half knowing I will need this money for continuing medicals costs. Will this factor be taken into account for settlement?

Asked on February 28, 2011 under Family Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While this factor will almost certainly be taken into account--as all factors representing the two, soon to be forrmer, spouses financial and health situations will be taken into account--it may not end up helping you as much as you might hope. For example, it might be reasonable that you have to split 1/2 of everything over and above provable medical expenses, which will still leave you with very littlel after paying the wife and the doctors. It may also be the case that any settlement or court order will have some time factor built in, such that it will be revisted in 2, 3, 4, or etc. years, after your health situation has presumably changed. Also, your wife does not need to take your representations as to health and cost at face value--she can force you to prove them, which may involve an expert witness, which will further eat into your funds.

At the end of the day, you'll likely end up in more or less the same financial place, with the main difference being who gets the money (wife or doctors, in what ratio).


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