Can I divorce my husband while he is in assisted living?

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My husband, who is 15 years older than me, is in bad health physically (has prostate cancer) and has some dementia going on. If he ends up in assisted living (which will be private pay as we have LTC insurance) can I seek a divorce? I would like to move on with my life and he wants me too. This may sound harsh but we are realistic. I know I can file for divorce but would like to know about the timing..if we should do it before he ends up in AL or his dementia gets worse.

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There are so many types of Long Term Care Policies. I have one with Liberty Mutual. I can either have the money sent directly to me, to an assisted Living Facility, Nursing Home or agency that provides caregivers.
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LTC insurance pays after personal pay with the billed normally faxed to them. They only pay a % of the bill. My mom's LTC paid 80% of her monthly bill.
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I spoke with an assisted living facility today and they said that my LTC insurance pays me and I then pay the AL ....I always thought that the LTC insurance paid the facility directly....has anyone had any experience with LTC insurance...???
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The State of Tennessee pays for services in assisted living communities. The program is called TennCare CHOICES in Long-Term Care. Participants that choose to reside in a community will receive financial help for nursing and personal care services. Room and board is not covered by this Medicaid waiver.
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As far as I know, there's no government assistance i..e...medicare or medicaid that pays for Assisted Living. So this is strictly self pay...therefore, don't understand why AL facilities would not accept LTC insurance.
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pamstegma...We can pay for his LTC in assisted living...he has LTC insurance and has his own pension and SS that should be more than enough to pay for his care. I was never listed as a survivor on his pension as it deducted way too much. I also am not entitled to his SS as I have a Fed'l Govt pension ...so his money can all go to his care. I have my own money...The only family he has is a son who doesn't seem to be interested in him. But he would be well taken care of.
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Kashi, you can divorce him, but that won't save the house from Medicaid. They still do a 5 year look back, so does the VA now. If he has a pension, you lose survivor's benefits. If you were married less than ten years, you also lose social security benefits. You may create more problems than you solve.
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If you divorce your husband, you will lose the rights to be his medical advocate, help with carrying out his wishes for end of life, you may lose the P.O.A., 1/2 of any assets will become a war with family intervention, you can be falsely accused of not having his best interests at heart, you can be prevented from visiting him in AL., etc. the list is endless. FYI.
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For divorce possibilities and issues, see a matrimonial or divorce lawyer. Google the Tennessee Bar Association, look for that practice area of law, find some local ones, review their websites and contact various ones to inquire about no-fault divorces and the costs.
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I have John Hancock LTC thru the Federal Government's employee plan. AND the most important thing is you have to get inflation protection or it won't be worth a whole lot in years to come. I agree, today's policies are no very good...you pretty much had to buy LTC at least 10 years ago to get a good one that paid out anything and was affordable. I'm 65 and bought mine at age 52 and I pay $120.00/month for my LTC insurance which covers both in home and facility unlimited term (which I don't think they even offer now). I would only go to a facility that accepted it. Can't image a LTC facility not taking insurance.
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