Olathe, KS asked in Divorce, Estate Planning and Health Care Law for Kansas

Q: Can I divorce my wife, but then live with her for more than 5 years in order to protect assets from Medicaid look back?

I have stage 2 Parkinson's. My wife and I have discussed divorce as a means to protect our limited assets from being absorbed by my future long term care needs. Our thinking is divorce now and then hope I don't need any long term care for more than 5 years from now, at which point apply for Medicaid. However, while the divorce will completely separate our finances, we would like to continue to live together, until the Parkinson's no longer allows that. Will the living together part compromise getting Medicaid, even though we expect to be well past 5 years?

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: There are ways to separate your assets without divorce, and protections for a 'community spouse' that will not force her into penury because of your illness.

You need to speak to a qualified local elder planning attorney to determine what you should do. Divorce is usually NOT a good answer (unless there HAS been a breakdown of your relationship, which it sounds like is not the case!) so look for a 'plan b' with a qualified professional!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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