Can I Divorce My Spouse with Dementia?

 Posted on March 05, 2025 in Divorce

Divorcing a spouse with dementia presents unique challenges. While Illinois law allows for divorce in such cases, courts are focused on ensuring that everyone’s rights, including those of the incapacitated spouse, are protected. Understanding the legal process and concerns in such cases is crucial for anyone who wants to end their marriage under these circumstances. To learn more, speak with an experienced and knowledgeable Illinois family law attorney.

What Does the Law Say about Divorcing Someone Who Is Mentally Incapacitated?

Illinois follows a no-fault divorce model, meaning that a spouse does not need to prove wrongdoing to obtain a divorce. The only ground recognized is "irreconcilable differences." However, if a spouse has dementia or is otherwise mentally incapacitated, additional legal steps may be necessary.

Guardian Appointment

If your spouse cannot understand or participate in legal proceedings, the court might appoint a guardian ad litem (GAL) or legal representative to ensure his or her interests are protected and dementia does not put them at a financial disadvantage in divorce.

Capacity to Consent

Your spouse might not have the legal capacity to consent to your divorce. If the court determines that he or she is incapable of making legal decisions, it will rely on the guardian or appointed representative to act on their behalf.

Division of Assets and Spousal Support

The court will carefully consider financial arrangements when one spouse has dementia. The judge might require you to pay spousal maintenance to ensure your spouse receives continued care. It can also factor in medical expenses and long-term care costs when deciding on the division of assets to ensure your spouse is adequately provided for.

Alternative Care Arrangements

If you were your spouse’s primary caregiver, alternative care solutions might need to be considered as part of your divorce settlement. Nursing homes, assisted living facilities, or in-home care may be relevant options for providing support while allowing you to legally separate without severing financial responsibilities.

Schedule a Free Consultation with a Cook County, IL Family Law Attorney

Divorcing a spouse with dementia can be difficult emotionally for both spouses and their family members. If you are considering this, you might feel overwhelmed by the challenges of this unique situation in addition to the typical hardships common to any divorce. At The Law Office of George J. Skuros, we understand all of this and we are dedicated to enabling you to fulfill your choices and decisions regardless of the obstacles. Your spouse’s dementia should not keep you imprisoned in an unhappy marriage, and a qualified Chicago, IL divorce lawyer can help you break free. Call us at 312-884-1222 to schedule a free consultation.