Q: is it considered spousal abandonment when one spouse who is the caregiver to the other that is an ailing veteran without
Leaves without informing and intentionally not telling them they petitioned for divorce.
A:
Likely not. You must be married to be guilty of spousal abandonment. The divorce would terminate the obligation to support the spouse. Additionally, the statute is focused on financially abandoning the spouse. In this instance it appears you are referring to the emotional support and assistance with activities of daily living and care which is not the type of abandonment the statute was drafted to address. If the veteran has disabilities caused by his or her military service, they may qualify for disability benefits. If so, additional support to cover the expense of a caregiver may be available as well.
Regardless, the State does not and could not oppose a party filing for divorce due to their status as a caregiver for their spouse. If the person were to abandon their spouse after assuming responsibility for care without ensuring another person or agency takes over that responsibility there may be implications as far as elder neglect statutes are concerned but I do not see a case to be made for bringing misdemeanor criminal charges for spousal abandonment based on the facts you have provided.
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