Divorce

medassistia

Happy September!

My DH who is older than I am, was diagnosed with dementia about 2 years ago. I'm wondering if anyone out there has done/tried the 'divorce on paper only' to get DH on Medicaid?

Victoriaredux

Happy September to you too!

Best way to get advise on this issue is to see an elder law attorney for your specific situation — they can run the numbers for you, be sure that you have all the necessary paperwork you'll need in the future etc.

Many things factor into making this kind of a decision - capital gains , pensions , spousal support issues etc . You may be able to get Medicaid for him w/o a divorce depending on your state and how things are structured.

harshedbuzz

@medassistia

Talk to a CELA (certified elder law attorney) in your state first.

There are ways to qualify for Medicaid as a community spouse which would allow you to keep your home for your lifetime, certain assets and have money for living expenses.

There may be consequences to divorce you haven't anticipated. Even in a community property state, you may be responsible for spousal support, funding health insurance, attorneys to represent each of you, a guardian ad litem for him, etc. And there is no "on paper". If you divorce, a judge will name his next next-of-kin as his guardian. If no such person exists, a professional will be paid to do this for him.

HB