Divorce can be one of the most stressful experiences one can have. Adding mental health issues only further complicates matters, especially when child custody is at issue. Parents with mental health issues are often afraid their diagnosis will be weaponized against them, while other parents may have genuine concerns for the safety and welfare of their child. Mental health challenges can have financial implications on a divorce as well. Navigating these issues can be difficult but not impossible. The right assistance is key.

Diagnosis alone is not enough.

A mental health diagnosis alone will not disqualify a parent from being awarded custody of their child. Courts are far more concerned with parenting ability than with a particular diagnosis. A “diagnosed” parent whose condition is managed properly can be awarded more rights than an “undiagnosed” parent who does not act in the child’s best interest or has inferior parenting skills. That said, courts consider mental health issues when deciding how to award custody rights and whether to limit, restrict, or deny, access to children. In severe cases, a court may order that visitation be supervised. Such restrictions can later be modified or lifted if the parent establishes consistency in managing their condition. Ultimately, the best interest of the children will be the primary focus.

Financial Implications of Mental Health Issues on Divorce

Mental health issues can also influence a court’s decision about property division and spousal maintenance in a divorce. Texas is a community property state, which often means marital assets are divided equally between spouses, but not always. Courts must divide the community estate in a “just and right” manner. Where a mental disability has affected a spouse’s ability to financially support themselves, a court may order a disproportionate division of assets due to the needs of the disabled spouse. In the same way, a court will also consider how the dysfunctional behavior of a spouse with mental health issues might have played a significant role in the breakup of the marriage in determining a just and right division of the community estate.

Mental health challenges can also play a role in determining whether a court orders post-divorce spousal maintenance, also known as alimony in some states. Texas does not automatically grant spousal maintenance, and courts are not required to award it just because a spouse is eligible. To be eligible, a spouse must first show that they will lack the ability to provide for their minimum reasonable needs considering the property they were awarded in the divorce. Then, it must be shown that the spouse cannot earn sufficient income to meet their reasonable minimum needs because their mental health disability has rendered them incapacitated. There are limits to the amount and duration of spousal maintenance, depending on the financial ability of the paying spouse, the length of the marriage, and the needs of the receiving spouse. In some severe cases, the duration of support payments may be extended.

Mental illness not only increases the likelihood of a divorce, it can add greatly to the complexity, stress, and cost, of the divorce process itself. Having the benefit of an experienced, highly skilled, legal professional walking you through each step is essential.