It won't do any good financially. Medicaid has a 5 year look back period, and even if they divorce, Medicaid will still want the money. Of course, states differ, but I'd say that's true in most states. Carol
I had heard that divorce can protect assets. There is another process called spousal impoverishment that can also protect funds. Personally, I don't know anything about it, you should check with an elder law attorney.
You need to speak with an elder law attorney. As the "still living in the community spouse", you are allowed to have significant assets beyond those limited assets & income that the Medicaid NH resident spouse can have. There are ways to be creative in how you spend down to get to maximum allowed without a divorce.
There are all kinds of issues in doing this…….what can happen if you do this is that your spouse will be declared a "ward of the state". If this happens, then you have NO say in what happens to them since you have disavowed yourself of them or any responsibility. The court appointed guardian is now in charge and can decide where they go. If it goes nuclear, you can be barred from seeing them.
Spend some of your $$ and get legal & financial advise before you do this.
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Carol
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There are all kinds of issues in doing this…….what can happen if you do this is that your spouse will be declared a "ward of the state". If this happens, then you have NO say in what happens to them since you have disavowed yourself of them or any responsibility. The court appointed guardian is now in charge and can decide where they go. If it goes nuclear, you can be barred from seeing them.
Spend some of your $$ and get legal & financial advise before you do this.