How Mental Health Issues Affect Divorce and Custody

According to the National Alliance on Mental Illness (NAMI), more than 1 in 5 U.S. adults experience mental illness each year. These conditions impact all aspects of life, including marriage. A 2011 multinational study found that 18 mental disorders were linked to a higher likelihood of divorce, increasing the odds by as much as 20% to 80%.

Whether you're managing a mental health condition or divorcing a spouse who is, you likely have questions about the legal implications. State laws vary regarding how mental health influences divorce proceedings. Here is an overview of how mental health issues generally affect divorce, child custody, and alimony (spousal support).

Starting Your Divorce: Fault vs. No-Fault

When you file for divorce, you have to state a reason for it. The legal term for this is called "grounds for divorce."

The No-Fault Option

All states allow for some form of "no-fault" divorce, which allows you to divorce without having to prove that your spouse did anything wrong to cause the end of the marriage. Instead, you tell the court that you and your spouse have "irreconcilable differences" or that the marriage is "irretrievably broken" and there is no hope for a reconciliation.

No-fault divorces tend to be faster, cheaper, and less adversarial than fault-based divorces. You wouldn't have to state your or your spouse's mental health as grounds for your divorce in no-fault divorce proceedings.

The Fault Option

Some states allow for a fault-based divorce. Each state has a different set of fault grounds, such as adultery or abandonment, and many specifically allow for mental disorder-related grounds, such as "incurable insanity," "permanent mental incapacity," or "confinement in a mental hospital."

Mental health-related grounds are rarely used because they have a high burden of proof. For example, in Texas, you would have to prove that your spouse has been confined in a mental hospital for at least three years and their mental illness is so severe that they probably won't recover. (Texas Family Code § 6.007 (2025).) In California, you would have to prove that your spouse permanently lacks the legal capacity to make decisions. (Cal. Fam. Code § 2310(b) (2025).)

Can Mental Illness Stop a Divorce?

A spouse's mental health struggles can't prevent a divorce. However, a judge might appoint a guardian ad litem (GAL) to represent a spouse who is housed in a mental hospital or who lacks the capacity to make decisions. The GAL will make legal and financial decisions for that spouse to ensure they aren't taken advantage of during the divorce.

Will Mental Health Affect Property Division and Alimony?

Mental health can affect the financial outcome of a divorce.

Dividing Property

Each state has its own rules for dividing property and debt during divorce. A majority of states use a system called equitable distribution. The other states use community property rules.

Under both systems, if a spouse's mental health issues led to financial waste, like emptying a joint bank account during a manic episode, a judge might give the other spouse a larger share of marital property to make up for the loss. Depending on the state, this might be called "dissipation of assets," "marital waste," or "fraud on the community."

Alimony

In most states, alimony is based on which spouse needs financial support and which spouse can afford to pay support. Judges usually calculate alimony using state-specific factors like income, earning capacity, health, age, the length of the marriage, and the couple's standard of living during the marriage.

If a mental health condition makes it harder for one spouse to work, a judge might be more likely to award alimony to that spouse. The other spouse might end up paying temporary support while the ill spouse stabilizes and figures out a long-term treatment plan, including potentially applying for Social Security Disability (SSDI).

Will Mental Health Affect Child Custody?

All states use a "best interests of the child" standard to decide child custody cases. When a parent has a mental health condition, the key question is usually whether the condition affects the parent's ability to keep the child safe, meet the child's needs, and maintain a healthy relationship.

A mental illness diagnosis alone is rarely enough to deny a parent custody or parenting time. Judges focus on behavior and safety, meaning a condition typically becomes an issue only if it's untreated or causing harmful behavior. Because courts believe it's usually in a child's best interests to have a strong bond with both parents, a judge concerned about a child's safety may order supervised visits with the ill parent until the situation has stabilized.

Termination of Parental Rights

Losing parental rights completely is rare and happens only in severe cases of neglect or abuse. For example, in Texas, a court can terminate the parental rights of a parent who has a mental or emotional illness if:

• the condition renders them unable to care for the child's needs,
• the condition is likely to last until the child turns 18, and
• the child has been in the custody of the Texas Department of Family and Protective Services (DFPS) for at least six months.

(Tex. Fam. Code § 161.003 (2025).)

Can You Annul a Marriage Based on Mental Illness?

While divorce ends a valid marriage, an annulment declares that the marriage never legally existed in the first place. In some states, severe mental illness can be grounds for an annulment. For example, if one spouse lacked the mental capacity to understand what they were doing at the time of the wedding, the marriage might be voidable.

However, most states have strict deadlines for when you have to file for an annulment. Kentucky gives people just 90 days after discovering the reason for the annulment to file. (Ky. Rev. Stat. § 403.120 (2025).)

A judge is also unlikely to grant an annulment if a spouse learned about the issue that could invalidate the marraige (like mental illness), but continued to live together as a couple. In that situation, called "affirming" the marriage, divorce would generally be the only legal option.

Next Steps

Divorce is one of the most stressful life events you can experience. If mental health challenges are an issue for you or your spouse, the process can feel overwhelming.

If you have questions about how mental health issues might impact your divorce, talk to a divorce lawyer. A qualified divorce lawyer can explain how your state's laws handle mental health in child custody, alimony, and property matters, helping you decide on the best path forward. If you can't afford to hire a lawyer, many states have Self-Help Centers or Family Law Facilitators that can help you fill out forms for free and connect you with resources. You might also be eligible for help through a legal aid or disability rights organization.