Breast cancer is a terrible disease that claims the lives of thousands of women every year. Sadly, as part of the preparation process, medical professionals have to inform women diagnosed with this disease of the high rate of divorce by men unwilling to honor their vows to stay with their spouses “in sickness and in health.” So instead of focusing on their battle with cancer, these women also have to deal with the turmoil of divorce. On July 13, actress Shannen Doherty tragically passed away at 53 years old after years of fighting cancer. Doherty, known for her roles on Beverly Hills, married Kurt Iswarienko in 2011. Unfortunately, Doherty was diagnosed with breast cancer in 2015. Amid rumors of an affair, Doherty filed for divorce from Iswarienko in April 2023. However, their separation agreement wasn’t finalized until July 13, 2024, the day of Doherty’s death. She signed the agreement the day before, on July 12, 2024. 

Doherty and Iswarienko’s divorce battle was drawn out as he declined her requests for spousal support and to pay for her health insurance coverage. Doherty admitted to the court that she no longer receives residual checks from her shows, and lost her SAG health insurance due to not being able to work as an actor for more than one year. She also asserted that as he spent lavishly on restaurants, vacations, etc., he had the means to support her during her battle with cancer. Doherty’s incentive to sign a divorce agreement the day before her death may have been to simplify the distribution of her estate to her loved ones rather than her ex-husband. His was to avoid financially supporting her as she fought for her life. 

Divorce vs. Legal Separation During Serious Health Issues

It’s hard to imagine being married to someone for more than a decade and refusing to continue paying for their health insurance while they fight for their life, but that’s what Iswarienko did here. Sometimes a romantic relationship has run its course before a medical diagnosis, and a breakup is inevitable regardless of health conditions. If you don’t think you have it in you to divorce your spouse during a serious health issue but also no longer want to be married, you may want to consider a legal separation instead. 

When two spouses legally separate, they are no longer married, but they are not quite divorced, either. Spouses that are legally separated retain a few benefits of marriage, such as filing joint tax returns and remaining on the same health insurance policy. However, property (assets and debts) acquired after the legal separation are no longer community property, but separate property instead. Here, the legal separation could be important so that the surviving spouse is not considered responsible for the sick spouse’s medical bills. If you are on amicable terms with your ex and don’t want them to lose health insurance coverage during their health battle, you may want to learn more about a legal separation as opposed to a divorce. Schedule your free consultation with our Arizona family law firm by calling 480-680-9126. 

Tips For Speeding Up Divorce Negotiation

Divorce can take months, or even years, to complete when the spouses don’t agree on how matters like property division and spousal support should be resolved. Some spouses delay divorce proceedings with ulterior motives, such as wanting to run up attorney’s fees to price out their spouse or to wait for them to pass away from a terminal illness. This can be a harmful tactic, not just to the parties but to the already-burdened court system, and especially if the spouses have children in common. Every divorce has a mandatory 60-day waiting period, but there are certain strategies you can employ to help your divorce reach a resolution as close to that date as possible. 

• Figure Out & Focus On Your Priorities: Some spouses feel contempt for each other during a divorce and want to use the proceedings as a form of payback. But these spouses can end up spending more on legal fees than the assets they fought so hard to win. Remember that all battles during a divorce come with a cost, so you should pick them wisely. Save that time, energy, and money to fight for the assets that you care about the most. 
• Consider a Pre-Divorce Chapter 7 If Debt Is An Issue: A divorce can’t proceed until a bankruptcy case is complete, so it may seem counterintuitive to use bankruptcy to speed up the divorce process. However, all debts incurred during a marriage are community property in Arizona and must be split between the spouses in property division. Instead of fighting over who should pay these debts, it may be beneficial to file a joint bankruptcy first and clear those debts so that no time or attorney’s fees from a divorce are devoted to fighting over them. 
• Learn More About Your Options: Family law is a vast area of law, and there may be more options than you realize when it comes to your divorce or legal separation. For example, attending one or more mediation sessions could help you and your spouse come to an agreement on how to divide assets. Even if you have other issues to resolve, like child support and child custody, the process will be sped up due to coming to an agreement on the other issues relevant to your case. 
• Hire a Lawyer If Negotiations Have Come To a Standstill: If you haven’t already retained a lawyer and have reached an impasse in your divorce negotiations, it may be time to do so. Also, if your spouse has an attorney to represent them in divorce, hiring your own attorney is the only way to level the playing field. Your attorney will need to be informed of everything that has transpired in your divorce case up until your initial consultation to provide you with the most accurate information. 
• Start Your Search For Legal Representation With a Free Consultation: Depending on your financial situation, there could be significant expenses on the horizon if you are soon to be divorced. Moving and separating into two households can come in addition to being ordered to pay child support and spousal maintenance. One way to cut costs is by starting your search for a family law attorney with firms that offer free consultations. While some firms charge just for the chance to speak with one of their lawyers, we offer initial consultations for Arizona family law cases free of charge. Get started with your free phone consultation today by calling 480-680-9126. 

Experienced Arizona Family Law Attorneys For Difficult Situations

Divorce can be a painful and stressful situation, and is no guarantee that either or both spouses won’t experience something like a battle with a terminal disease in the meantime. Our Arizona divorce team is skilled in navigating these types of circumstances to yield the most positive result possible. We can assist in every step of the divorce process, from filing and serving papers, to negotiations, and trial, if necessary. To get started today with your free consultation, call 480-680-9126. Don’t hesitate to contact us today!

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