What You Need to Know About Divorce and Mental Illness or Health Issues

 Posted on February 24, 2025 in Divorce

Mental health conditions like depression and anxiety can drastically affect the course of divorce proceedings. Not only can they impact the tone of the divorce, but they can also play a role in decisions about child custody, financial support arrangements, and other important issues.

If you are planning to get a divorce and your spouse has a diagnosed or undiagnosed mental illness or other health issues, it is important to understand your rights. With representation from an experienced Illinois family law attorney who understands the potential for mental illness to affect divorce, you can protect your interests and determine the best ways to resolve any disputes you may encounter. At Weiss-Kunz & Oliver, LLC, we can help address these concerns during the divorce process, and we are prepared to fight for your rights and interests as you work to end your marriage successfully.

How Does Mental Illness Affect Divorce? 

Divorce is not only a complicated emotional procedure; it can also be a very complicated legal and financial procedure as well. This means that those who want to divorce a spouse with mental health problems – or those who suffer from such problems themselves – need to have a thorough understanding of the divorce process and the issues that need to be resolved before a divorce can be finalized, as well as the ways mental illness could affect every aspect of the divorce process.

In the most extreme scenarios, a spouse who is suffering from a mental health condition may be declared mentally incompetent. This might be an outcome in situations where there are concerns that a person is incapable of making sound decisions about their own well-being or the welfare of their children. If a spouse is judged mentally incompetent, a legal guardian may be named who can make decisions on their behalf, and an attorney can represent them during legal proceedings and advocate for their rights and interests.

However, mental incompetence and guardianship issues only arise in the most serious cases. More commonly, the court will order psychological evaluations for one or both spouses if there is evidence that either party has an underlying mental health issue that could affect their ability to provide care for children or manage finances responsibly during or after the divorce process. These assessments, which are conducted by licensed psychologists who have an understanding of how mental health affects family law matters, provide comprehensive reports on a spouse's emotional state and cognitive capabilities. Judges can then get the information they need to respond appropriately to a family’s situation.

Which Mental Health Issues Are Most Likely to Affect Divorce?

Mental health conditions vary widely in severity, symptoms, and treatment options. Some people manage their conditions well with medication, therapy, and healthy habits. Others, however, refuse treatment or struggle with serious symptoms that make it hard to communicate, make decisions, parent, or maintain financial stability.

Some of the most common mental illnesses that can significantly affect divorce proceedings include:

• Depression and Anxiety Disorders – These conditions can affect a spouse’s ability to work, parent, or manage during the divorce process. Severe cases may lead to financial instability, withdrawal from responsibilities, or even substance abuse.

• Bipolar Disorder – People with untreated bipolar disorder may experience extreme mood swings, impulsive financial decisions, or erratic behavior that can make negotiation difficult.

• Borderline Personality Disorder (BPD) – BPD can cause intense emotional reactions, fear of abandonment, and manipulative behavior, making it hard to reach agreements.

• Narcissistic Personality Disorder (NPD) – A narcissistic spouse may try to control the divorce process, refuse to compromise, or use emotional manipulation or gaslighting.

• Antisocial Personality Disorder (ASPD) – This condition is associated with a lack of empathy, dishonesty, and a disregard for the law, which can make divorce especially high-conflict.

• Substance Use Disorders – Alcoholism or drug addiction can contribute to neglect, financial instability, and unsafe parenting conditions.

If your spouse’s mental illness has created an unsafe or unhealthy environment for you or your children, it is very important to keep yourself safe and take legal steps to protect your family.

Can Mental Illness Impact Child Custody Decisions?

When addressing issues related to child custody, the mental health of both parents can be a key consideration. Judges make decisions based on a child’s best interests, so any potential risks posed by a parent's mental health may be taken into account when determining what arrangement would best serve those interests. For example, if one parent has a history of substance abuse or violent behavior due to a mental illness, this could lead to restrictions being placed on parenting time (formerly known as visitation). In certain cases, a court may say that visits need to be supervised in order to guarantee the safety of the child with the parent.

The court may also consider whether mental health issues affect a parent's ability to provide for a child both financially and emotionally. If a parent suffers from depression, anxiety, or another mood disorder that affects their ability to work or limits their ability to care for themselves, this could influence decisions about the allocation of parental responsibilities and parenting time. A parent's income-earning capacity may also be considered when making decisions about child support, and if a parent’s mental illness has affected the ability to work, financial obligations toward their child may be reduced.

Divorce, Mental Illness, and Parental Alienation

It is also important to consider how mental illness may affect issues related to how a parent manages the child’s relationship with the other parent. If your spouse believes that they should have sole custody of your child or is refusing to respect your parental rights, they may engage in parental alienation. This means that they may attempt to influence your child to take their side in any disputes while trying to damage your relationship with your child by badmouthing you, turning the child against you, or trying to restrict your ability to talk to the child.

It is important to address any concerns about parental alienation or other issues that may affect your child's best interests quickly and effectively. By bringing these issues to the court's attention and demonstrating that your spouse has acted in a way that may harm your child's well-being, you can ensure that matters related to child custody will be decided in a way that allows you to continue to maintain a strong, loving relationship with your child.

Managing Your Finances During Divorce When Mental Health Issues Are Part of the Picture

The mental health of one or both parties may have implications for financial settlements negotiated during the divorce process, including child support, spousal maintenance (alimony), and asset division. These issues can be especially significant if a spouse's mental illness has caused economic hardship for either party.

If one spouse has been unable to work full-time because of a mental health issue, they may ask for spousal support. This form of support may be awarded if a spouse needs financial assistance in order to meet their ongoing needs, and is meant to ensure that both parties can maintain the standard of living they enjoyed while married after they complete the divorce process, at least for a while. A spouse who experiences financial disadvantages due to a mental illness may be able to receive ongoing financial support, and when determining the amount that will be paid, the court may also take into account any additional costs associated with treating the condition, such as medication or therapy sessions.

These considerations may also play a role in asset division proceedings. Because marital assets need to be divided equitably between the spouses, the health of each spouse will be considered when deciding how property should be allocated. The ongoing expenses of treating a condition may be considered, and assets may be divided in a way that will ensure that a spouse can live comfortably, meet their ongoing needs, and address any physical or mental health concerns.

This does not mean that a spouse who is responsible and employed will forever be responsible for financially supporting an ex-spouse plus any children they share. It just means that, especially shortly after the divorce, the courts are going to try to prevent one spouse from becoming penniless as a result of the divorce. Permanent and even long-term alimony are typically only awarded in marriages lasting at least 20 years and in which one spouse does not have a possibility of earning his or her own income. The spouse who is receiving alimony is expected to make good faith efforts at finding and keeping a job and managing their mental health. Furthermore, issues like drug or alcohol addiction are not treated the same as clinical depression, schizophrenia, or other mental health issues over which a spouse has no control.

To ensure that all financial concerns are addressed correctly, it is crucial to work with an attorney who understands how mental illnesses can have a financial impact on divorce proceedings. A skilled and experienced lawyer can advocate on behalf of their client, addressing issues related to spousal support, property division, tax-related concerns, and any other financial decisions. This will ensure that a fair outcome can be reached while protecting the best interests of the spouses, their children, and anyone else involved in a case.

Divorcing a Narcissistic Spouse

In many cases, a spouse with a diagnosed or undiagnosed mental illness may behave unreasonably during the divorce process. A narcissistic spouse will often focus solely on their own needs and desires, and they may be unwilling to cooperate or negotiate agreements in good faith. Navigating the divorce process with a narcissistic partner can be daunting. Their manipulative tactics and tendency to gaslight may leave you feeling uncertain of your own perceptions and concerned that your own needs and desires will not be properly addressed.

The best way to protect yourself when divorcing a narcissist is by seeking professional help from an experienced family law attorney who understands how mental illness affects family law cases. Your lawyer can offer advice on the best approach to take during negotiations and the ways you can avoid being taken advantage of. They can help you understand what you should and should not do or say when dealing with your spouse, and they can make sure your rights will be protected as you work to reach a divorce settlement or use litigation to resolve disputes.

How Can You Prove That a Spouse’s Mental Illness Is Affecting the Divorce?

When mental illness is a central issue in divorce, providing the right evidence is crucial to ensuring that decisions are made in a way that is fair for everyone. Courts will examine medical records and psychiatric evaluations to determine the severity of a spouse’s condition and whether it impacts their ability to parent or manage responsibilities.

Witness testimony from family members, friends, or professionals such as therapists can help establish patterns of erratic behavior, neglect, or instability. Police reports and restraining orders may demonstrate instances of domestic violence or threats that could influence custody and visitation arrangements. Courts weigh mental illness carefully, considering both the risks and a person’s ability to function when making legal decisions regarding custody and financial support.

Can a Spouse Falsely Accuse You of Mental Illness in Court?

Some spouses attempt to manipulate divorce proceedings by falsely claiming that their partner has a mental illness. These accusations can be especially harmful in custody disputes, as courts prioritize the safety and stability of children. If you are falsely accused of having a serious mental illness, obtaining a psychological evaluation from a neutral medical professional can provide strong evidence of your mental fitness. Providing past medical records, witness testimony, and records of responsible parenting and employment can help refute false claims. Courts will also examine patterns of manipulation or dishonesty, meaning that if your spouse has a history of making exaggerated claims, this may weaken their credibility in court.

Seeking Professional Help During Divorce

In addition to finding an experienced family law attorney who can help you address issues related to mental illness during your divorce, there are a variety of other resources available to help you get through the divorce process successfully.

Therapy and mediation can be valuable tools for managing high-conflict divorces that involve mental health issues. Therapy can help you cope with the emotional strain of divorce, while mediation may provide a structured environment for resolving disputes without court intervention.

However, mediation is not always effective when dealing with a manipulative or abusive spouse. In such cases, litigation may be necessary to ensure that your rights and interests are protected. Working with an experienced attorney can help you determine the best approach for resolving disputes and securing a fair outcome.

Steps to Take If You Are Divorcing a Spouse with Mental Illness

If you are divorcing a spouse with a mental illness, it is important to proceed with caution and to protect yourself and your children. Consulting an experienced divorce attorney early in the process will ensure that you understand your rights and options, but there are other things you can do as well.

Gathering evidence, such as medical records, financial documents, and custody-related information, will help strengthen your case. Seeking support from therapists, support groups, or friends and family can provide the emotional backbone needed to navigate a challenging divorce. If necessary, taking legal action such as obtaining a protective order could help ensure your family’s safety.

Contact Our DuPage County, IL Divorce Lawyers

A knowledgeable divorce lawyer is the best person to provide legal counsel and guidance during the divorce process, ensuring that concerns about mental health are addressed correctly and helping you reach an outcome that will protect your current interests and allow you to maintain success in the future.

At Weiss-Kunz & Oliver, LLC, we understand the unique challenges involved in divorce cases where a spouse has a mental illness or when other physical or mental health concerns need to be addressed. Our experienced Elmhurst, IL complex divorce attorneys can provide compassionate representation for you, and we will fight to protect your rights and advocate for your best interests in court. We are committed to finding solutions tailored to your individual needs while also protecting the best interests of your children. Contact us today at 312-605-4041 to schedule a consultation and learn more about how we can help with your case.