Divorce When a Spouse Has Dementia
Often, people with dementia eventually reach a state where they rely entirely on a caregiver. In many cases, a spouse assumes this role, which can severely stress the marriage. At some point, the person with dementia may not recognize their spouse, become aggressive, or have to live separately in a care facility. New Jersey is a no-fault state, so it is possible to divorce a spouse with dementia by citing irreconcilable differences. The process may take longer if your spouse cannot consent to the divorce or refuses to do so. In cases where the person with dementia cannot understand what is happening, the court may appoint a guardian ad litem to advocate for their best legal interests.
In most marriages, spouses give each other power of attorney or appoint each other as guardian should one spouse become incapacitated. However, there is a conflict of interest in this situation, and a new guardian would need to be named to protect the rights of the spouse with dementia. They are still entitled to their fair share of the marital estate. They may also have the right to spousal support for their medical care and everyday expenses.
What Is Dementia?
Dementia is not a disease but a broad term for the symptoms resulting from brain damage from diseases such as Alzheimer’s, Parkinson’s, or Huntington’s. The symptoms depend on which part of the brain has been damaged, and there are different types of dementia. All these forms of dementia lead to a decline that impacts a person’s ability to lead an independent life, eventually becoming completely reliant on a caregiver.
Dementia patients may refuse to comply with things their spouse asks them to do that are medically necessary or as simple as showering daily. They can become uncooperative with their care. This, combined with the inability to recognize the person they are married to, may make it too difficult for a spouse to stay in the relationship.
Marlton Divorce Lawyers at Goldstein & Mignogna, P.A. Provide Experienced Counsel for Those Seeking a Divorce
If you are seeking a divorce, our compassionate Marlton divorce lawyers at Goldstein & Mignogna, P.A. can help you navigate this difficult situation. Call us at 856-890-9400 or contact us online to schedule a confidential consultation. Located in Marlton, New Jersey, we serve clients in South Jersey, including Burlington County, Camden County, and Gloucester County.
