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Taboo subject of divorce

BPS
BPS Member Posts: 139
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Ater reading others post and knowing my own situation I am just wondering if anyone has considered divorce. I hear and believe it is the disease but also think that no one should be treated the way some are. If we are only staying out of obligation are we doing the right thing. In my situation after giving my wife a last chance six years later she was diagnosed with Alzheimers and then I found out that things had continued so I made the decision to stay to not cause issues for our kids. They are grown and My wife is in MC. Does anyone know anything about divorcing someone with Alzheimer's (financially and legally). I would always make sure she is provided for, but if her half of the estate runs out Medicaid would help and not leave me with nothing. I don't think I will ever do it but no one should be abused for doing the right thing. Is one person giving up on ever being happy again to care for someone that they can't make happy worth our lives? I think I would feel much different if we had a loving committed marriage were we had each treated the other with respect. Maybe just sitting here thinking about a new year about to start and knowing I don't want a new year to be like the last year. I guess I just wonder if other have these thoughts.

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  • ronda b
    ronda b Member Posts: 118
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    See a lawyer about the financial aspects. I had one suggest that I get one for that reason. I do see your point. It's something you have to figure out on your own. Everyone deserves happiness.

  • Carl46
    Carl46 Member Posts: 328
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    I agree that a visit with an elder law specialist is very important. You do not have to divorce your wife to keep from being impoverished, and a lawyer who specializes in such matters can tell you how to arrange your affairs to your advantage. 50 years ago, Medicaid divorces were common as people were expected to give up all their assets and part of their income to support spouses in MC. Not anymore.

    Unless there is a financial advantage to divorce, I think the only reason to divorce is to marry someone else. You and your wife are separated since she is in MC, and you can live your life as you choose.

  • harshedbuzz
    harshedbuzz Member Posts: 4,646
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    @BPS

    This does seem to be a taboo subject, but the reality is that not all marriages were good ones. My mom and dad had a rocky marriage— when it was good, it was great. But when it wasn't (both have some mental health issues and dad was a serial adulterer) it was ghastly. Mom considered leaving several times but never had the backbone to do it. Her words.

    When dad developed dementia and the lack of empathy and social filter he became a whole lot less fun. She brought up divorce a couple times but felt guilty that she wouldn't be able to provide the gold standard health insurance after a divorce. They actively avoided a diagnosis for almost a decade and when he was initially diagnosed with mixed dementia that included one that is alcohol-related, she was livid and wanted out.

    I took her to a CELA I know to get POAs done and to rewrite her will. We did discuss divorce openly. I would consider doing this given how you feel. I'm sure this is different depending on things like the state and any potential grounds existing. A couple take-aways from mom's appointment were that the divorce would be expensive as dad would need representation to protect his interests. The lawyer said dad might be awarded alimony given his circumstances and the loss of low-cost health insurance through her pension. Dad would have split an inheritance she was due to receive which irked her. The lawyer cautioned her that his will might be rewritten to disinclude her as spouse leaving his assets to me and my late sister's children. The piece that caused her to drop this idea was that I would likely be awarded guardianship. She claims she didn't want to burden me with it, but I suspect she didn't trust me to do right by a man I never really got along with. I'm certain the societal expectation of women as caregivers played into this mightily as well.

    She decided to take a risk that his progression would continue and that she'd have a Stage 8 in which she could reclaim her life. It paid off pretty well for her. Interesting, about 5 years after his death much of her anger has passed and she is finally able to think about the times that they were good together.

    HB

  • harshedbuzz
    harshedbuzz Member Posts: 4,646
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    @Audrey22 said

    " I also would continue to care for (at more of a distance) my husband. Very hard and like you not sure if I will ever do it."

    If you divorce, that may not be an option. Our lawyer said this would be highly unusual. Ultimately the guardian would decide who has access to the PWD. Mom was warned that guardianship would be offered to me. Otherwise, my uncle or my niece could have applied to be guardian. If no family member wanted to be guardian, a professional one would be assigned.

    Unless your SIL is a CELA, I would take her advice with a grain of salt. There are a lot of folks who recall the days of "Medicaid divorces"— some of the circumstances around that have changed.

    HB

  • jfkoc
    jfkoc Member Posts: 3,970
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    edited December 2024

    A lawyer (cela) will put all options on the table with pros and cons. You will make the choice.

    The question of divorce comes up here on a regular basis so it may be time to share info and ideas again.

  • Bailey's Mom
    Bailey's Mom Member Posts: 99
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    I have been thinking about divorce all morning. PWD ( has AD) & I have been married for 57 yrs and have no children or close family (he alienated everyone years ago). He has always been extremely difficult but is now becoming intolerably mean and verbally abusive. I really don't love him anymore, but feel obligated to take care of him since he has no one else. I think the years of unhappiness have crushed my spirit to the point that I don't have the strength to go through what would be a very difficult divorce and at my age (76) what is the point anyway. If you have the intestinal fortitude, I think you should consider it.

  • addy103
    addy103 Member Posts: 22
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    My elder lawyer told me that medicaid doesn't include the spouse's income (pension, SS, Retirement fund) as part of the spouse's income available for care. It might depend on the State. I live in NYS.

  • Bailey's Mom
    Bailey's Mom Member Posts: 99
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    I'm in Florida and there is an income limit for commumity spouses (about $3,000/mo) as well as medicaid recipient. FL and NYS have spousal refusal though (only 5 states recognize it).

  • Bailey's Mom
    Bailey's Mom Member Posts: 99
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  • Dio
    Dio Member Posts: 727
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    I think you've got some great suggestions already. My only two cents is to think about the reason you want to divorce and act accordingly. Is it more financially based or emotional well-being based?

  • BPS
    BPS Member Posts: 139
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    Good point Dio my reasons would be emotionally based. I assume she would get half of our net worth and I think that would probably care for her as long as she will live, but I agree with Palmetto Peg. I am 68 and still want to experience and enjoy life. I will never actually do it but the thought crosses my mind. She what I call biblically divorced me years ago. Even if I legally divorced her I still care enough that I would want to make sure she has good care. Realistically I would probably still sit in the house alone most of the time. I guess really I just want a change and old habits are hard to break.

  • Dio
    Dio Member Posts: 727
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    I'm in the camp of taking care of yourself. It may sound selfish, but it's realistic. The disease should not destroy two lives. You have no one to answer to but yourself. No one should judge lest they've walked in your shoes. At the end of your life journey, let there be no regrets.

  • SDianeL
    SDianeL Member Posts: 1,085
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    I live in Florida and a relative was an alcoholic. Her spouse went to a divorce attorney & the attorney told him that he would be responsible for her care if they divorced. He decided to wait until she passed. We understand how you feel. Your decision.

  • CarolinaWren
    CarolinaWren Member Posts: 6
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    Yes. I am still considering it. Sadly, I was just thinking earlier that I should have done it years ago before all of this happened. Now I feel so stuck, and I am really unhappy with my life. I am seeing a lawyer next month. From what I have read so far, I'm not very hopeful that it's even an option financially speaking. My situation is different. We still live together and have basically been roommates for over 8 years or more. I also still have a kiddo in high school. I too would make sure he is ok. He has nobody else to care for him. But I don't want to live this way anymore.

  • JC5
    JC5 Member Posts: 178
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    DH and I have been coexisting for 17 years now 7 in separate rooms. He has always been a self centered selfish angry person. After his last affair I decided to carve my own life . He was hardly home so I learned to do on my own actually liked who I became and we learned to live our lives same house different lives occasionally social together . I was looking forward to retirement traveling etc Then the diagnosis he has VD . Should have could have but didn’t. Now I feel stuck taking care of a man I don’t love and missing out on my golden years! I too like others made a vow and will do my best but I need to take care of me too. How?

  • Joe C.
    Joe C. Member Posts: 986
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    As a long time member Crushed always said, “No Guilt, Ever!” We do the best we can but none of us are saints.

  • FTDCaregiver1
    FTDCaregiver1 Member Posts: 114
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    BPS- lot to unpack in your post. I opted to remain married, obtain a DPOA and set up a trust to protect assets and remain responsible for the care of my DW. So yea, definitely seek good legal advice first. My 8’year journey caring for DW recently ended with her passing, for me though it was very rough going though all this, In feel ok, still really sad but she passed at home under good care and I’m not broke and still healthy and sane. On the feelings you express, believe you’re feeling abused, neglected by your spouse? If so, pretty sure all of us caregivers feel, have felt these, it’s the disease not the spouse, hate the former and focus on the latter’s situation while protecting your assets would be my advice. That’s a daily battle sometimes too…Talk with other spouses going through situation. You have some tough decisions ahead, good luck and remember you’re not alone.

  • RetiredTeacher
    RetiredTeacher Member Posts: 38
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    My husband has VD, the result of 3 strokes. How long has your spouse had VD and what stage? I believe my hubby is stage 5. He is very selfish and wants me home every minute with him. He is still safe to be home by himself for a few hours but throws a fit when I try to get out once a week by myself for 2-3 hours. I'm finding I don't like being a caregiver 24/7 and never being able to do what I want and need to do is making me angry and resentful. How do you get your me time? Is your spouse clingy and needy too? It's really getting to me. T

Commonly Used Abbreviations


DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
FTD = Frontotemporal Dementia
VD = Vascular Dementia
MC = Memory Care
AL = Assisted Living
POA = Power of Attorney
Read more