Caring for Children With Disabilities After Divorce
Author: Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2010/05/23 - Updated: 2026/05/15
Publication Type: Informative
Category Topic: Laws and Rights - Related Publications
Contents: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This information article addresses the legal and practical responsibilities parents carry for children with disabilities during and after divorce, including custody, long-term guardianship after the child turns 18, structured visitation, and continued financial support into adulthood. It outlines why a predictable routine matters for children who may be more emotionally affected by family change, and it explains how courts weigh factors such as each parent's resources, the family's prior standard of living, and the severity of the child's disability when deciding ongoing support, citing Section 513 of Illinois' Marriage and Dissolution of Marriage Act as an example of statutory authority for post-majority support. The piece is useful to divorcing parents, caregivers, seniors raising grandchildren with disabilities, and adults with disabilities themselves because it gathers the key planning issues - guardianship, custody, stability, and financial duty - into one accessible overview before recommending consultation with an attorney for case-specific advice - Disabled World (DW).
- Topic Definition: Disability and Divorce
Disability and divorce describes the intersecting legal, financial, and caregiving issues that arise when parents of a child with a physical, intellectual, or developmental disability end their marriage. The topic covers physical and legal custody arrangements, structured visitation that supports the child's need for routine, the appointment of a legal guardian once the child reaches the age of majority, and the continuing obligation - recognized in the common law of most U.S. states and in statutes such as Section 513 of Illinois' Marriage and Dissolution of Marriage Act - for divorced parents to provide financial support beyond adulthood when a disability prevents the child from being fully independent. Courts typically weigh parental resources, the child's own resources and benefits, the standard of living during the marriage, and the level of medical or supervisory care required when setting that support.
Introduction
Responsibility for Children With Disabilities During and After Divorce
Parents of children with disabilities may feel abandoned and afraid while going through divorce because of the added complexities of supporting their children. In addition, disabled children may be more emotionally traumatized by divorce.
Main Content
Strategies for Stability
It is most important to keep a predictable routine during divorce. A structured visitation schedule is essential so that children with disabilities can prepare for visits in advance.
Divorced parents of a child with significant disabilities must decide not only who will have legal and physical custody of the child, but also who will become the child's guardian when the child reaches the age of majority. When children turn 18, they are legally adults, but disabled children may be unable to be independent or make certain important decisions for themselves.
For this reason, divorced parents of disabled children should decide early on which of them will become the guardian of their child. This guardian will be legally authorized to make important medical and financial decisions for the child. The guardian will also make personal decisions for the child, such as where the child will live.
Disabled children of divorced parents will also require additional financial support. Common law in most states has recognized a duty of divorced parents to continue to support their children even after the children have reached adulthood. This is true even in some cases when the children are also receiving disability benefits from the state. The court may order support depending on the severity of the disability and whether the children need supervision, medical care or housing.
For example, in Illinois, the court must look to Section 513 of Illinois' Marriage and Dissolution of Marriage Act when determining whether to order support for disabled non-minor and minor disabled children. This law allows for the support of children with mental or physical disabilities after those children have attained the age of majority.
When determining how much support should be granted, the court will examine factors such as the financial resources of both parents, the standard of living the child enjoyed during the marriage, the financial resources of the child, and the child's academic performance.
If you have questions about the support of your disabled child, consult an attorney for advice.
Insights, Analysis, and Developments
Editorial Note: Divorce reshapes a family's day-to-day life, and for households that include a child with a disability the questions reach much further than the date a decree is signed. Guardianship after the age of majority, who covers therapy and medical bills, where the child will live, and how a familiar routine will be preserved across two homes are decisions that benefit from being made early and in writing rather than under pressure later on. Parents who treat these conversations as planning rather than conflict tend to give their children the steadier ground they need, and a family law attorney experienced with disability matters can help translate that intent into orders the courts will enforce long after the marriage has ended - Disabled World (DW).
Author Credentials: Ian is the founder and Editor-in-Chief of Disabled World, a leading resource for news and information on disability issues. With a global perspective shaped by years of travel and lived experience, Ian is a committed proponent of the Social Model of Disability-a transformative framework developed by disabled activists in the 1970s that emphasizes dismantling societal barriers rather than focusing solely on individual impairments. His work reflects a deep commitment to disability rights, accessibility, and social inclusion. To learn more about Ian's background, expertise, and accomplishments, visit his full biography.