Divorce and Mental Illness: What You Need to Know in Maryland
Whether handled amicably or through litigation, divorce requires separating two lives that have been deeply intertwined. The process becomes even more complex when one spouse has been diagnosed with a mental illness. In these situations, unique legal and practical considerations often arise.
What Is Considered a Mental Illness?
The American Psychiatric Association (APA) defines mental illnesses as health conditions that affect thinking, emotion, behavior, or a combination of these. These disorders can impair daily functioning, relationships, and the ability to cope with stress or adversity.
Examples include anxiety disorders, depression, bipolar disorder, obsessive-compulsive disorder (OCD), eating disorders, post-traumatic stress disorder (PTSD), personality disorders, and psychotic disorders such as schizophrenia. Symptoms may develop gradually or appear suddenly, and severity can range from mild to disabling.
How Can Mental Illness Affect Divorce?
A spouse’s mental health condition can influence certain aspects of the divorce process, particularly in terms of child custody, asset division, and personal safety. The extent of the impact usually depends on how the illness affects the individual’s ability to function and maintain healthy relationships.
In cases where mental illness leads to erratic behavior, emotional abuse, or physical threats, the other spouse may need to seek protective orders or alternative living arrangements during the divorce process. If there are children involved, concerns for their well-being may lead a court to impose temporary custody restrictions until a full evaluation is completed.
How Does Mental Illness Affect Custody in Maryland?
In Maryland, custody decisions are always made based on the best interests of the child. A mental illness alone does not disqualify a parent from custody. However, if the illness significantly interferes with a parent’s ability to provide a safe and stable environment, the court may limit that parent’s custody rights or require supervised visitation.
Judges often rely on expert evaluations and may appoint a guardian ad litem to represent the child’s interests. The focus is on how the condition affects the parent’s behavior and capacity to care for the child, not just the presence of a diagnosis.
Can Mental Illness Affect the Division of Assets?
Maryland follows the principle of equitable distribution, meaning property and debts are divided fairly, though not always equally. If one spouse has mental health-related expenses or is unable to work due to their condition, the court may consider these factors when dividing marital assets.
For example, if one party incurred medical debt for treatment during the marriage, or will require ongoing care after the divorce, the court may award a larger share of marital property or order spousal support (alimony) to help cover those needs. Health insurance continuation and the ability to maintain a standard of living similar to that during the marriage may also be part of the court’s analysis.
Is Mental Illness Grounds for Divorce in Maryland?
As of October 1, 2023, Maryland reformed its divorce laws to eliminate most at-fault grounds. Now, couples may file for no-fault divorce based on either:
- A six-month separation, or
- Irreconcilable differences, where the marriage is considered irretrievably broken.
However, Maryland law still permits divorce on the basis of permanent insanity, although this is rarely used. To qualify:
- The spouse must have been confined to a mental health institution for at least three years before the divorce is filed, and
- Two physicians must testify that the condition is incurable and that recovery is unlikely.
Can a Parent Lose Custody Due to Mental Illness?
Yes, but only in extreme circumstances. Courts will only permanently revoke custody or visitation if there is clear evidence that a parent’s mental illness presents a serious risk to the child’s health, safety, or emotional well-being. In most cases, the court will look for ways to support the parent-child relationship while ensuring the child is protected.
If necessary, supervised visitation or mental health treatment compliance may be ordered. Judges may also revisit custody arrangements if a parent’s condition improves or worsens over time.
Get Support and Guidance from Experienced Annapolis Divorce Lawyers at Oliveri & Larsen
Navigating a divorce when mental illness is involved requires sensitivity and a strong understanding of Maryland family law. If you are dealing with these complex issues, the Annapolis divorce lawyers at Oliveri & Larsen are here to help. Call 410-295-3000 or contact us online to schedule a confidential consultation. Located in Annapolis, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.