What Happens If You Divorce a Disabled Spouse in Texas?

Article Summary

Divorcing a disabled spouse in Texas is legally possible, but disability can affect spousal maintenance, property division, housing arrangements and the treatment of disability benefits. Texas courts may consider accessibility needs, long-term care and income limitations to ensure fair outcomes. Disability benefits such as SSDI and VA compensation are usually separate property, though they may count as income for support purposes. If you’re navigating a disability-related divorce, working with an experienced Fort Worth divorce attorney can help protect your rights and financial stability.

Key Takeaways:

• You can divorce a disabled spouse in Texas, but disability may affect spousal maintenance, housing and property division.
• Disability benefits like SSDI and VA compensation are usually considered separate property, but may count as income.
• Texas courts may consider accessibility needs and long-term care when dividing property or awarding spousal maintenance.
• Disabled spouses have legal rights to financial protection, housing stability, access to care and more during divorce.

Getting a divorce can be emotionally complicated. When one spouse has a disability, it can add an additional layer of emotional and legal complexity.

In Texas, a spouse’s disability isn’t a barrier to divorce. However, divorcing disabled spouse cases involve not only the standard legal considerations, but also complex questions around long-term care, spousal maintenance, housing and disability benefits. So, while a spouse’s disability will not prevent a divorce, it can significantly affect property division and long-term financial support.

Can I divorce a disabled spouse in Texas?

Yes, you can divorce a disabled spouse in Texas, but disability may affect spousal support, housing and property division, among other things. Texas courts are required to consider fairness and practicality when making decisions. This includes when one spouse has ongoing medical needs or a limited ability to earn income.

The courts may also take disability-related health concerns into account when evaluating housing arrangements or the timing of the divorce process, especially if abrupt changes would create hardship. The goal is not to prevent divorce, but to ensure that the outcome does not leave a disabled spouse without basic support or stability to meet reasonable or necessary needs.

If you’re considering divorce and your situation involves complex disability-related issues, speak with a Fort Worth divorce attorney to understand your rights.

Do disability benefits affect property division in a divorce?

Disability benefits like Social Security Disability Insurance (SSDI) or Veterans Affairs (VA) disability compensation are generally not considered community property in Texas, but they may affect income-related aspects of a disability and divorce settlement.

How Texas treats disability benefits in divorce

Texas is a community property state but disability benefits are intended solely to compensate a disabled individual. SSDI benefits compensate for lost earning capacity, and VA disability benefits are compensation for service-related injuries. These benefits are protected under federal law and cannot be directly divided or awarded as part of property division but can be considered income during divorce, which can affect spousal support or maintenance.

Commingling of assets issues and why income matters

Disability payments that are deposited into a marital account may potentially be divided in a divorce, particularly if they are commingled with marital funds. Disabled persons contemplating divorce may want to keep their benefits in a separate account, or hire a tracing expert if funds have already been commingled over time.

While disability benefits are usually excluded from property division, they may be considered income when courts consider spousal maintenance and child support or each party’s ability to meet minimum reasonable needs during and after divorce.

How Texas courts view disability benefits when determining income

In Texas, there is a legal difference between “ownership” of an asset and the “use of income” when assessing financial resources and earning ability. As noted above, disability benefits like SSDI and VA compensation belong solely to the disabled spouse and the court cannot divide or award a portion of disability benefits to the other spouse.

However, disability benefits are considered income, and Texas courts are allowed to look at all sources of income to address questions like:

• Should temporary spousal support be ordered while litigation is pending?
• Is spousal maintenance appropriate in the long term?
• How much child support should be paid?
• Can each spouse meet minimum basic needs?

Court outcomes can vary significantly depending on how disability benefits are used or combined with other assets. Because these cases are fact-specific, legal guidance is essential to ensure disability-related issues are handled correctly and each spouse is treated fairly under Texas and federal law.

How do Texas courts handle housing and accessibility?

While a person’s disability does not guarantee a specific outcome, the courts may consider the housing and accessibility needs of a disabled spouse when dividing marital property or determining support arrangements.

For example, when a home has been modified for accessibility (i.e., added ramps, widened doorways, modified bathroom, etc.), those features may justify a disabled individual remaining in the home.

Other aspects the court will consider include:

• The cost and feasibility of relocating.
• Whether comparable accessible housing is available.
• Who can afford to maintain the home.

If the court allows a disabled spouse to remain in the home, it will also address:

• If the decision is temporary or longer-term.
• If temporary, the length of use and possession.
• If other assets or debts will be divided to offset the housing arrangements.

Can a disabled spouse receive spousal maintenance in Texas?

Yes, Texas law allows disabled spouses to receive spousal maintenance (sometimes referred to as spousal support or alimony) if their condition prevents them from meeting their minimum reasonable needs and specific legal requirements are met.

According to Texas Family Code section 8.051, a court may order spousal maintenance if:

• The spouse seeking support lacks sufficient property to meet their minimum reasonable needs (housing, food, utilities, etc.), and
• A physical or mental disability prevents them from earning enough income to cover those needs.

The disability does not have to be permanent, but it must limit earning capacity. Courts look at practical realities such as medical limitations, treatment costs and the ability to work consistently.

Even when eligibility is established, judges have discretion to decide whether maintenance is appropriate, how much support is reasonable and how long it should last.

Can I get spousal support If my husband Is on disability?

Possibly, but it depends on the circumstances. A spouse’s disability does not automatically prevent a Texas court from awarding spousal maintenance, even if the disabled spouse’s income comes from SSDI or VA disability benefits.

However, the spouse requesting maintenance must still show financial need and meet at least one legal qualifying condition, such as:

• The spouse ordered to pay spousal support has been convicted of or received deferred adjudication for a criminal act of family violence during the divorce or within two years of filing suit.
• The spouse requesting maintenance is unable to earn income due to a physical or mental disability.
• The couple has been married for 10 years or more.
• The spouse requesting maintenance is the custodian of a child the couple shares (regardless of age), who requires substantial care and supervision.

These decisions are fact-specific and depend on the receiving spouse’s needs and the paying spouse’s ability to contribute.

What are my rights if I’m disabled and my spouse wants a divorce?

If you’re disabled and your spouse wants a divorce—or you are leaving a disabled spouse or are the disabled spouse—you still have legal rights under Texas law. Disability does not eliminate your right to financial security, housing stability or fair treatment by the court. Texas courts are required to consider your needs when making decisions that could affect your ability to live safely and independently after divorce.

1. Right to seek spousal maintenance

If a physical or mental disability prevents you from earning enough income to meet your minimum reasonable needs, you may qualify for spousal maintenance. While maintenance is not automatic, Texas courts will consider it when disability limits earning capacity.

2. Right to housing stability

The court may allow a disabled spouse to remain in the marital home on a temporary or longer-term basis, especially if the home has been modified for accessibility. Texas courts have broad discretion in property division and will consider how a housing change may impact a disabled spouse.

3. Right to “just and right” property division

“Just and right” means that the court will consider all aspects of a case and may grant a larger portion of an estate to one spouse to account for disability, accommodate accessibility needs or account for future earning limitations, etc.

4. Right to fair custody and visitation orders

Texas courts cannot deny custody or visitation solely because of a disability. The court will review all factors pertaining to the case and make a custody decision based on the best interests of the child.

5. Right to respectful treatment by the court

Judges are expected to consider disability-related needs to avoid outcomes that leave a disabled spouse without stability, dignity or access to care. Ideally, rulings will balance legal requirements with practical realities, while respecting the rights of both spouses.

To ensure your rights are protected during a divorce, reach out to one of our divorce attorneys in Fort Worth .

Navigate disability and divorce with confidence

So, what happens if you divorce a disabled spouse in Texas? Well, disability can add complexity to divorce. Fortunately, experienced legal guidance can make all the difference. The Sisemore Law Firm has handled Texas divorces involving disability, veterans’ benefits, military retirement and spousal maintenance, helping clients protect their rights with clarity and care.

Because every situation is different, especially when health-related challenges are involved, a customized legal strategy is essential to securing financial stability and peace of mind.

Contact us to speak with a divorce attorney in Fort Worth today and protect your rights, future and peace of mind.

Disabled spouse and divorce FAQs