Mental health issues can affect a divorce in important ways. Before I practiced law, I worked in the mental health field for many years. So I know that mental health conditions can be severe and disabling, especially when they go untreated.
Unfortunately, mental health issues and divorce often go together. The stress of a divorce can make symptoms worse. In turn, mental health issues can affect a divorce case in several ways. Here are some examples.
Mental Health and Child Custody
In custody cases, judges decide based on the child’s best interests. To do that, they use the factors in Minnesota’s custody statute. One of those factors is any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs.
However, a mental health issue has to affect the child to count against a parent. Simply having a mental health condition is not enough to change the custody decision.
If you have a mental health issue, it’s important to show that you take it seriously and are getting treatment. For example, that can include individual or group therapy. Where appropriate, it can also include medication prescribed under the care of a psychiatrist or psychiatric nurse practitioner.
It also helps to show what you do regularly to keep your mental health stable. On the other hand, a pattern of unmanaged symptoms can count against a parent in a custody dispute.
Some parents are afraid to seek help because they worry it will be used against them in court. In general, though, getting treatment helps a parent’s case much more than it hurts. In fact, courts look far more favorably on a parent who addresses their mental health than on one who ignores it.
Child Support
A mental health condition may be disabling and affect a parent’s ability to work. Since child support depends on each parent’s income, this can matter.
Sometimes parents disagree about how much a parent with a mental health condition can earn. In that case, the court may need help from experts, such as doctors or vocational evaluators.
Spousal Maintenance
Similarly, mental health issues can affect a spouse’s ability to work. For example, suppose the marriage was long and the other spouse earns a healthy income. Then the spouse with the condition may have an argument for spousal maintenance. Also, since August 2024, Minnesota’s maintenance statute specifically lists the health of both spouses as a factor. Again, these disputes often call for expert help.
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