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swsilver Posted May 2016

Dad is 86 with Parkinsons, remarried 25 years ago a woman with assets but signed a prenup. He has no assets-should he get a divorce?

I am having trouble getting veterans benefits because they look at combined assets. Now he has Medicare but I'm thinking if he gets divorced I can get him more benefits such as Veterans, Medicaid etc? Is this a good idea?

freqflyer May 2016
swsilver, the pre-nup has to do with whatever net worth the woman had prior to getting married to your father.

Didn't your father and his wife create assets together during their 25 years of marriage? Of course they did. Therefore, half of those assets should be used for his care before having the government take care of your father.

Now, if you went ahead with your plan for your Dad to get a divorce and it went through. Medicaid has a 5 year financial look back. Many red flags will appear, and Medicaid will think this was all planned. Your Dad could get turned down by Medicaid. Then what?

Recheck with the Veterans benefits, something doesn't sound right here.

vstefans May 2016
He's been married 25 years - what does his wife think?

(And, do you really want to break them up, or have them pretend to break up and risk getting caught at it? Is she unwilling to use any assets for his care, or otherwise a really bad wife?)

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