Lawyer suggested Medicaid Divorce?

Brokenhearted in Illinois · March 15

we Have only been married 6 years, no kids. I am the provider of the two of us. Husband needs extra care but he does not qualify because of my retirement accounts. He does qualify as he is under the asset limit. Married in the Catholic Church I originally did not to go this route. But I have found out that it may be my only survival tool financially and otherwise. Has anyone done this? Did it protect the community spouse snd help your spouse get needed care ?

Phoenix1966 · March 15

While I can’t offer any advice regarding the financial success of this route, I noticed you mentioned being married in the Catholic Church. My limited understanding regarding divorce and the Catholic Church is that the church might not “recognize” the civil dissolution of your marriage within their sacramental domain. I think the only way for the Church to view your marriage being over is through an annulment(which, again in my limited understanding, would mean you and your spouse were never married to begin with as even the Catholic Church cannot end a marriage), while “divorce” is strictly a civil matter. So you would only be divorced in the eyes of the law, but without an annulment, the church would consider you to still be married as that is a sacrament, which is indissoluble.

northernlady · March 16

Medicaid looks back five years. Consider that before you do anything.

Brokenhearted in Illinois · March 16

Yes I did check with a priest thst I highly respect. He agreed the Church has nI problem with a Medicaid divorce. Initially I did not feel right about a divorce Now I sm backed into a corner and thinking more seriously about it

trottingalong · March 16

Medicaid will not recognize the divorce for 5 years. Even if you get a divorce today, will you and your husband be able to wait for 5 More years to get assistance?

Phoenix1966 · March 16

Was this lawyer a certified elder law attorney? If not, please see one as they are specially trained in this field(dealing with Medicare, Medicaid, etc.). You can usually get an initial consult free to ask these types of questions.

Jeanne C. · March 16

I agree with Phoenix. Please make sure you see a CELA. I know it varies by state, but the retirement accounts in my name did not count against my husband's asset limits when he qualified for Medicaid. From what I've heard a "Medicaid divorce" is an outdated practice that doesn't get around the 5 year look back in most states.

Ed1937 · March 16

I'm another agreeing with Phoenix. A CELA is the one to steer you on all things dementia. Criteria is different from one state to another, and a CELA will know the rules for you.

jfkoc · March 16

National Elder Law Foundation (nelf.org)

This is the link to find an attorney

Brokenhearted in Illinois · March 16

https://alzconnected.org/discussion/comment/202344#Comment_202344

Brokenhearted in Illinois · March 16

Thanks everyone.

Lawyer suggested Medicaid Divorce?

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