Whenever the discussion about long term care arises in during a divorce, it is common to hear Elder Law attorneys recommend “Medicaid planning.” The problem is that Medicaid planning necessarily contemplates a period of ineligibility. That means that life savings are used to pay the nursing home. The truth is Medicaid planning is not needed in the instance of divorce.
Here is a common scenario. One spouse needs long term nursing care and the other is burned out and needs to get out of the marriage. The divorce order may transfer all “countable assets” to the well spouse. There is no period of ineligibility. The nursing home spouse can immediately apply for Medicaid.
I wrote an article for the National Academy of Elder Law Attorneys. (NAELA) published August 2024 titled “Whither the Support Order”? It fully lays out the Medicaid law on “court orders of support.” It is only available to NAELA members. But, you can read on my website on the page titled “Court Order of Support for the Community Spouse here. https://www.jimschuster.com/resources/court-order-of-support-for-the-community-spouse/
on my site here. You can allso read my article on the NAELA website here.
If you need a referral to a good Elder Law attorney, give us a call at 248-356-3500.