Divorce is a reality for thousands of adults and their families here in Dallas and across the country, but if you are planning for a divorce with a special needs child involved the situation is more unique. Divorce is difficult when kids of any nature are part of the process, but special needs children require special provisions made in their best interests. If you are looking to get a divorce and need to provide for a special needs child, make sure that you take necessary precautions. According to the Autism Community in Action, creating a special needs trust is vital for protecting the interests of your child in the event of divorce.
A special needs trust is very important because there is no guarantee what government benefits will be like in the future for your child. While you may have medical and personal needs covered with government assistance at the current time, this could potentially change. A special needs trust will help you be hopeful for your child’s future while also planning for any potential disasters that come up along the way. Generally speaking, a special needs trust is set up so that the recipient (your child) can still continue to receive government medical benefits while potentially getting extra income from the trust when it is time.
It is a good idea to consider making it this trust the recipient of any money produced by your 401k and that of your spouse upon death. You can also connect life insurance proceeds to the special trust as well. This will allow your child to have access to funds in the event that neither you nor your spouse is around to take care of him/her any longer.