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Top Chicago Disability Divorce Lawyer: Navigating Your Rights and Benefits

DATE POSTED: March 22, 2024 1:02 pm

Top Chicago Disability Divorce Lawyer: Navigating Your Rights and Benefits

Getting a divorce is tough, and if you or your partner have a disability, it gets even trickier. Have you ever thought about how important it is to have a skilled lawyer in Chicago who knows all about making sure people with disabilities get treated fairly in a divorce?

This short guide is here to light the way through the maze of rules about money support and who gets to spend time with the kids.

We’ll show you how to find a lawyer in Chicago who’s not simply experienced, but great at understanding and fighting for the rights and benefits of people with disabilities during these tough times.

Key Takeaways

  • It’s essential for individuals with disabilities undergoing divorce to hire an attorney with knowledge of disability rights and family law to ensure fair treatment and consideration of unique challenges, such as spousal support and healthcare costs.
  • Parents with disabilities must carefully navigate child custody issues in divorce, contending with potential biases and maintaining their children’s best interests, and must understand the implications of disability benefits on child support.
  • Disabled spouses need to recognize the financial implications of divorce, including division of marital property, spousal support, and handling of disability benefits, while the choice of an experienced local lawyer is crucial for favorable case outcomes.

Navigating Divorce with a Disability

The intricacies of divorce cases involving a disability call for more than just a basic understanding of family law issues.

These cases require an attorney who can provide well-informed advice, review critical documents, and represent you in court, ensuring your rights are protected and your interests championed, especially when legal action is necessary.

But why is it so important to have a Social Security disability attorney in family law cases? It’s because the stakes are high. As a disabled spouse, you face unique challenges that require special considerations, all of which must be adequately addressed for a fair outcome.

Legal Considerations for Disabled Spouses

Starting a divorce journey is tough, and it gets even trickier when one spouse has a disability. But guess what? Knowing all about disability rights isn’t just useful—it’s a must-have.

With this knowledge as your toolkit, you can step through the divorce maze with your head held high, making sure everything is fair, especially when it comes to money matters. It’s like having a secret map that shows you where to go, making sure you get to the other side feeling strong and secure.

A disabled spouse can be entitled to spousal support based on factors such as the duration of the marriage, their financial resources, and their ability to maintain their standard of living post-divorce.

Or that divorce could lead to significant healthcare costs for a non-disabled spouse due to potential ineligibility to remain on an ex-spouse’s insurance plan?

The Role of Social Security Disability Benefits

One aspect that often gets overlooked in a divorce case involving a disabled spouse is the role of Social Security Disability benefits. Divorce can notably impact these benefits, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

This makes it even more important to consult a seasoned Social Security disability attorney to protect these benefits.

SSDI benefits, based on individual work history, are not directly changed post-divorce. However, benefits from an ex-spouse’s record and potential benefits to an ex-spouse or dependents, as well as garnishments for alimony and child support, must be understood and navigated with care.

Protecting Your Rights as a Parent with Disabilities

As a parent with disabilities, you might be wondering about the best way to approach your divorce case. It’s important to arm yourself with multiple strategies, including:

  • Litigation
  • Settlement
  • Mediation
  • Collaborative practice

This will help you find the best fit for your unique situation. Parents with disabilities must address child custody and support issues with care, ensuring their rights are protected, and their children’s best interests are prioritized.

After all, the goal is to ensure that your children continue to receive the love, care, and support they deserve, regardless of the circumstances.

Child Custody and Disabled Parents

In custody cases involving minor children, the court prioritizes the child’s best interests and each parent’s ability to provide a safe environment and make sound decisions.

However, disabled parents can face biases, sometimes being perceived as incapable of caring for their children solely due to their disability.

It’s crucial to recognize that disabilities can be used as a reason for removing custody without clear evidence that the disability affects parental care.

Therefore, tackling discrimination is paramount. Disabled parents should obtain an objective parenting assessment, utilize disability services, and invoke the Americans with Disabilities Act for reasonable accommodations in court.

Child Support and Disability Benefits

When it comes to child support, it’s important to note that obligations remain in effect even if a parent becomes disabled and cannot work. However, the court may adjust the payment based on the change in circumstances.

Additionally, did you know that your children might be entitled to auxiliary benefits from the Social Security Administration if you qualify for SSDI?

 It’s also crucial to understand that SSDI payments can be subject to garnishment for child support, while SSI benefits are generally not garnishable.

Financial Implications of Divorce for Disabled Spouses

When one spouse has a disability, divorce carries with it some unique financial implications. Disability insurance policies, benefits, long-term financial stability, and available financial resources all must be reviewed and understood.

It’s not just about the here and now, but also about the future. With the right guidance, you can confidently navigate these financial waters, ensuring that your interests are protected and that you clearly understand what lies ahead.

Division of Marital Property

In divorce proceedings, the division of marital assets, property, and debts is generally approached with the aim for equitable distribution. However, when a spouse has a disability, specific factors come into play.

When dividing marital property, the court may consider your ability to work, financial resources, and future needs.

Did you know that disability lump-sum awards might be considered in the equitable distribution of assets if they’ve been co-mingled with marital funds?

 And that your SSI payments might be affected by the division of assets, as eligibility for SSI is based on your assets after the divorce.

Spousal Support and Disability Benefits

Divorces involving a disabled spouse can add complexity to spousal support arrangements. Courts may consider SSDI income when determining alimony amounts.

Here’s another crucial point: While you can receive spousal support or alimony and disability benefits simultaneously, your SSI benefits might decrease if you start to get spousal support. This is because Social Security counts alimony payments towards income limits.

Served with Divorce Papers in Chicago? Here's What to Do Next

Choosing the Right Chicago Disability Divorce Lawyer

Choosing the right Chicago disability divorce lawyer is crucial. You need someone who not only understands family law but also has a deep understanding of disability issues.

The right lawyer will have a firm grasp of the ADA and how it can be used to support your case, including ensuring court accessibility and proper parenting assessments.

They will also understand the potential for intimate partner violence among clients with disabilities, which can significantly affect custody and visitation proceedings.

Experience with Family Law Cases

When it comes to experience, you want an experienced attorney who has dedicated a significant portion of their practice to family law.

A lawyer with at least 10 years of experience in this field can handle the intricacies of divorce cases, including those involving a disabled spouse.

In addition to their experience in family law, look for an attorney who has a clear understanding of disability rights and protections. This includes knowledge of the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973.

Local Experience

There’s something to be said for local experience. A local Chicago attorney who is familiar with specific Illinois laws and local court systems can effectively navigate a divorce case.

Their insights into the local legal community’s culture and expectations can significantly impact case outcomes.

Local attorneys offer several advantages when it comes to handling your family law case in Illinois:

  • They are up-to-date on changes in Illinois family law
  • They are familiar with specific court forms and procedures
  • They have firsthand experience with local judges and attorneys, providing valuable insights that can benefit your case.

Preparing for Your Free Consultation

Preparing for your consultation with a divorce lawyer involves more than just showing up. It’s about gathering relevant documents and personal information and producing a list of questions to ensure a productive and focused discussion.

This readily available information can make the free case evaluation with your lawyer more productive and focused.

After all, the more prepared you are, the better your attorney can understand your situation and provide you with the best possible advice.

Gathering Relevant Documents

Before you step foot in your attorney’s office, take the time to gather recent financial documents such as pay stubs and tax returns. If a prenuptial or postnuptial agreement exists, it should also be included with the documents you bring to the consultation.

Don’t forget to compile basic personal information, including details about your children and the dates of marriage and separation. This will help your attorney to understand your situation better and provide you with the most relevant advice.

Questions to Ask Your Attorney

Your consultation is not just a chance for your attorney to get to know you—it’s also your opportunity to get to know them. Ask about the lawyer’s teaching credentials, such as involvement in writing articles, authoring books, or lecturing, which can indicate their level of experience and peer recognition in divorce law.

Don’t be afraid to ask about their fee structure, billing practices, and preferred communication methods.

After all, you’re not just hiring an attorney—you’re forming a partnership. And in any good partnership, clear communication is key.


Navigating divorce with a disability presents unique challenges, but with the guidance of an experienced Social Security disability attorney, these challenges can be effectively addressed.

 By understanding your rights, preparing for legal considerations, and protecting your interests as a parent, you can navigate this journey with confidence and clarity.

In Life’s Legal Labyrinth, Find Your Way Out with Us

Imagine standing firm, unshaken by the legal storms that life throws your way. Divorce, family disputes, real estate dilemmas—these aren’t just challenges; they’re opportunities to assert your rights and reclaim your peace.

At Cooper Trachtenberg Law Group, LLC, we’re not just lawyers; we’re your strategic partners in turning legal battles into victories.

Take the first step towards clarity and resolution. Don’t wait for the storm to pass; let us guide you through it. Contact us now and transform uncertainty into action.

Frequently Asked Questions

Frequently Asked Questions

What happens if you divorce a disabled spouse in Illinois?

If you or your spouse is disabled, divorcing in Illinois may result in a higher spousal support payment due to the impact of a disability on earning capacity. Be aware of the potential impact on alimony awards.

Can my disability affect my child custody rights?

Yes, disabilities can affect custody rights due to potential biases, but it’s crucial to address discrimination to ensure fair treatment in court.

How can divorce affect my Social Security Disability benefits?

It’s crucial to consult a seasoned Social Security disability attorney to protect your benefits, as divorce can impact eligibility and benefit amounts.

What should I consider when choosing a disability divorce lawyer?

When choosing a disability divorce lawyer, prioritize finding one with experience in family law and a strong understanding of disability rights and protections. This will ensure they can effectively handle your case.