Coulson Elder Law is now Dent-Coulson Elder Law
Learn More

Estate Planning and Elder Law Attorney | Dent Coulson Elder Law

Get Help Right Away

Call Today: 618-632-7000 or 217-330-5500

or Send us an email

  • Home
  • Our Services
    • Alzheimer’s Planning
    • Asset Preservation Planning
    • Estate Planning
    • Medicaid Eligibility
    • Special Needs Planning
    • Trust and Estate Administration
    • VA Benefits Planning
  • News & Videos
    • Video Series
      • Coronavirus Preparedness
      • Asset Preservation Planning
      • Common Estate Planning Mistakes
      • Dealing With Alzheimer’s
      • Financial Exploitation of Elders
      • Handling Difficult Conversations with Seniors
      • Married Couples and Medicaid
      • Medicaid Application Process
      • Medicaid Look-Back Rule and Transfer Penalties
      • Nursing Home Admission and Care
      • Veterans Pension Benefits
      • What You Can and Can’t Keep with Medicaid
    • Weekly Newsletter
    • The Elder Law Minute
  • Alzheimer’s Guide
  • Presentations
    • Health Care Power of Attorney
    • Free Workshops
  • Hear From Our Clients
    • Testimonials
    • Share Your Experience
  • About
    • About Us
    • Meet Our Staff
    • Partners & Resources
    • About Our Fees
    • COVID-19 Policies
    • Privacy Policy
  • Contact
    • Email Us
    • Find Our Offices
    • Refer a Friend

Married Couples and Medicaid: Is Getting A Divorce A Good Idea?

For a married couple facing the possibility of one spouse having to go into a nursing home, the question that may be on their minds is:

Should we consider getting a divorce so that we can protect things through the spouse who won’t be going into the nursing home?

Not only could getting a divorce for the purpose of protecting assets backfire and cause a transfer penalty period that could delay eligibility … it also just isn’t necessary. There are many wonderful planning tools that we have at our disposal, from a planning perspective, to be able to protect assets and to get the spouse in the nursing home on Medicaid, even if they seem to have quite a bit more in assets than the Medicaid rules would suggest that they can keep.

In this Elder Law Minute, Wes Coulson, O’Fallon Illinois Elder Law attorney, discusses another topic from the video series Married Couples and Medicaid and explains why getting a divorce when one spouse has to go into a nursing home is not a good idea.

Married Couples and Medicaid: Is Getting A Divorce A Good Idea?

Transcript:

Hi, I am Wes Coulson and this is your Elder Law Minute. This is another in our series on Married Couples and Medicaid. Today, let’s talk about something that people don’t want to talk about, but in a lot of cases their minds can’t help but think about, and that is:

If one spouse is going into a nursing home, should the couple consider getting a divorce so that they can protect things that way through the spouse who won’t be going in the nursing home?

The answer here is a pretty solid No.

For one thing, it really doesn’t work. Once a couple has divorced, they’re no longer a married couple and so the Medicaid rules look at that divorce settlement, ask if it was equitable considering all of the circumstances, and if it wasn’t, like if it’s … “I’m going into the nursing home I get nothing – you’re not going into the nursing home, you get all of it” … they’re going to treat that as a transfer of assets from the one ex-spouse to the other, and that’s going to cause a transfer penalty period delaying eligibility.

The second big thing there is that it’s just not necessary. If you come and see me, you will find that we have wonderful tools at our disposal, from a planning perspective, to be able to protect assets and to get the spouse in the nursing home on Medicaid. Even under circumstances in which, when they come in, they seem to have quite a bit more in assets than the Medicaid rules would suggest that they can keep.

So, don’t go in that bad direction. That’s a loser strategy. Come see us and we’ll help you with some winning strategies. Thanks.

For more information on planning for married couples, visit these articles:

  • Married Couples and Medicaid: How Much Assets Can the Community Spouse Keep?
  • Will Transferring Assets Between Spouses Cause A Medicaid Transfer Penalty?
  • What’s the Difference Between Estate Planning and Asset Preservation Planning?

“Your Trusted Advisor on the Elder Care Journey”

Dent-Coulson Elder Law is dedicated to providing families in the St. Louis area with their Elder Law needs. Our practice areas include Asset Preservation Planning, Veterans Benefits, Medicaid Eligibility, Alzheimer’s Planning, Special Needs Planning, Estate Planning and more. We understand the financial challenges you may face as you and your loved ones grow older. At Dent-Coulson Elder Law, our clients’ well-being is our number one priority. For immediate help, call (618) 632-7000 or (314) 567-9292, or Contact Us and we will get in touch as soon as possible.

Veterans Benefits O'Fallon ILFor Immediate Help

If you or a loved one needs immediate help with a planning matter or legal issue, please contact us, and we will get back to you promptly.

Office Hours
Monday - Friday: 8:30 a.m. to 5 p.m.

Call Us
618-632-7000
217-330-5500
314-567-9292

Connect with Us

  • Facebook
  • Twitter
  • YouTube

Join us for a FREE Workshop

 

Free WorkshopsIf you have reached age 65, there's about a 45% chance that you will eventually need long-term care.

Join us for one of our highly informative and FREE workshops and find out how you can protect your family's hard-earned life savings.

Visit Free Workshops for more information.

Newsletter

Subscribe to our free weekly Newsletter and receive the latest news, updates and videos straight to your inbox!

Recent Posts

  • What an Illinois Medicaid Applicant Can and Cannot Keep: Motor Vehicles
  • What an Illinois Medicaid Applicant Can and Cannot Keep: Personal Residence
  • What an Illinois Medicaid Applicant Can and Cannot Keep: Household Goods & Personal Effects
  • What an Illinois Medicaid Applicant Can and Cannot Keep: Life Estates
  • What an Illinois Medicaid Applicant Can and Cannot Keep: Money & Other Assets Held in Trusts

More News & Videos

  • Alzheimer's Planning (85)
  • Asset Preservation Planning (150)
  • Coronavirus Preparedness Series (9)
  • Coulson Elder Law (11)
  • Elder Law Minute Video (385)
  • Estate Planning (132)
  • Health Care Planning/Medicare (79)
  • Medicaid Eligibility (141)
  • News & Videos (429)
  • Special Needs Planning (48)
  • Trust Administration (14)
  • Veterans Benefits (51)

774 Sunset Blvd Suite 200
O'Fallon, IL 62269
IL: (618) 632-7000
MO: (314) 567-9292

415 W. Virginia Ave.
Effingham, IL 62401
(217) 330-5500

Fax: (618) 632-7333
Send us an email

Front office building of Coulson Elder Law

Front office building of Coulson Elder Law

  • Directions to our office locations

774 Sunset Blvd Suite 200
O'Fallon, IL 62269
IL: (618) 632-7000
MO: (314) 567-9292

415 W. Virginia Ave.
Effingham, IL 62401
(217) 330-5500

Fax: (618) 632-7333
Send us an email

  • About Us
  • News and Videos
  • Weekly Newsletter
  • Brochures
  • Presentations
  • Hear From Our Clients
  • Partners & Resources
  • Legal Disclaimer

Copyright © 2023 · Wesley J. Coulson | Dent Coulson Elder Law, LLC