Nursing Home Medicaid for Married Couples –Should I divorce my spouse?

Every once in awhile we are asked about using divorce as a Medicaid planning tool. The reasoning goes that if the well spouse has over $120,900, that spouse may want to avoid spending those assets on nursing home care as well as the Medicaid Estate Recovery. A “Medicaid Divorce” could do just that. So should it be considered? Maybe, but marriage is about more than just finances. After decades of commitment, love and togetherness, the idea of spending the last years/months divorced causes most couples too much pain. Furthermore, a judge may view the divorce as a sham intended for Medicaid eligibility purposes only and may not be willing to use court authority to circumvent the Medicaid laws. There are usually better ways to protect the well spouse and ensure good care for the spouse needing nursing home care. Each Medicaid plan depends on the facts of the situation—please call our office for a complimentary phone consultation at (404)843-0121.