Can You Divorce a Spouse with Dementia?

 Posted on January 29, 2025 in Divorce

Few people enter marriage with the expectation that they will one day divorce. Yet couples who have been married for decades can suddenly face unexpected, often insurmountable challenges. One of these challenges can occur when one spouse develops dementia or Alzheimer’s.

While the symptoms of both dementia and Alzheimer’s are similar, dementia is an umbrella term that describes a collection of behavioral, functional, and cognitive symptoms. Alzheimer’s is the most common disease that causes dementia, but vascular disease, Lewy Body disease, and Frontotemporal degeneration can all cause dementia. Alzheimer’s is a progressive brain disease that slowly destroys a person’s memories and ability to think and reason.

Alzheimer’s can start 5,10, or even 20 years before symptoms appear. While many people pledge to stay together in sickness and in health, the symptoms of dementia and Alzheimer’s can often make a marriage untenable. Obviously, this is a very challenging issue that can benefit from speaking to an experienced Geneva, IL family law attorney.

Symptoms of Alzheimer’s and Dementia

Alzheimer’s is not just a disease of old age; there are currently more than 200,000 people in the United States who have early-onset Alzheimer’s. While the progression of a brain disease is unique to each person, some of the more common symptoms of Alzheimer’s and dementia include:

• Difficulty remembering new information.
• Destruction of memories
•  Confusion
•  Changes in behavior
• The inability to care for oneself.
• Getting lost, even in a home the individual has lived in for decades.
• The inability to perform basic life tasks.
• Aggression
• Paranoia

How Dementia Can End a Marriage

There are many things that make a marriage a marriage. These include love, of course, along with teamwork, history, and a shared vision for the future. Dementia can destroy all these things, resulting in your becoming a caregiver for your spouse with dementia for as long as you are able.

Unfortunately, these diseases can progress to the point where it is not feasible for you to continue to care for your spouse. In some cases, a spouse with dementia can become dangerous to the other spouse, making divorce the only remaining option. Neurodegenerative diseases like dementia and Alzheimer’s can make a quality marital relationship impossible.

How Do You Divorce a Spouse with Dementia?

While it can be heartbreaking and difficult, you can divorce a spouse with dementia. Since Illinois is an equitable distribution state, you must only cite irreconcilable differences when you file for divorce. If your spouse is unable to represent himself or herself in the divorce, a guardian may need to be appointed. The spouse with dementia still has a legal right to his or her fair share of the marital property, even if he or she can no longer manage financial issues.

As the healthy spouse, you can negotiate with the other spouse’s guardian to ensure a fair marital settlement, which may include spousal support.  The financial resources allocated to the spouse with dementia are meant to allow him or her to reside in a facility that can offer the care needed.

If you are still working and earning a living, you may be required to pay a certain percentage of your income to your spouse’s guardian. Those funds will be used to address your spouse’s ongoing expenses. Since your spouse may either refuse to consent to the divorce or may be incapable of consenting to the divorce, you should expect the divorce to take longer than a "normal" divorce would take.  

Contact a Kane County, IL Divorce Lawyer

If you find yourself in this type of situation, it is extremely important that you speak to a knowledgeable Geneva, IL divorce attorney from Serrano Hanson & Hurtado, LLC. There are many issues to consider when divorcing a spouse with dementia that are not present in most divorces. We can answer your questions and help you reach the best possible outcome. Call 630-844-8781 to schedule an initial appointment with an attorney. We are fluent in Spanish and English.