Disability Insurance During a Divorce

Aug 13, 2021High Asset Divorce, Property Division

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The Texas Academy of Family Law Specialist is a professional organization of Board Certified family law attorneys.
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Texas spouses that are separating probably would like to learn a bit more about how divorce can be affected by the disability status of one of the people involved in the divorce proceeding. In the circumstance that the payor of spousal support or child support becomes disabled, typically there is little recourse for the payee to secure their entitlements guaranteed through the court. Many people don’t have any disability insurance besides Social Security.

Even when the payor has disability insurance in Texas, only 40 to 60 percent of their income could be covered. In the event that the payor does become disabled, they could be forced to file for a reduction in the obligations because of the change in financial circumstances incurred. There are, however, specific insurance products and services available that are designed to uphold the divorce decree in the event of the payor becoming disabled; this coverage may be built into the divorce decree, assuring both parties that payments will continue without undue hardship.

In Texas, the special insurance coverage typically qualifies for obligations that amount up to million dollars with anything over that possibly requring some further underwriting. This insurance doesn’t typically require applicants to submit any medical records or have examinations. It is also possible to secure divorce disability insurance once the divorce has already been finalized. The coverage can be obtained at any time as long as there is no preexisting condition. When divorce disability insurance is not viable, investing in a life insurance plan that has a critical illness rider may be the next best option.

Texas spouses that are separating who need more information about disability insurance and divorce may benefit from confiding in a lawyer. Legal counsel may be prepared to review the divorcing couple’s financials and help identify the most advantageous courses of action going forward. Lawyers may also be effective in assisting with other aspects of the divorce process, including negotiating for asset division and establishing terms for the parenting plan.

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