True if you are disabled while married or getting Maintenance the person with the higher income may be ordered to continue maintenance the rest the disabled person's life. So she will get half the assets and half his income forever
He thinks he can divorce her and dump her on Medicaid. He is in for a very rude awakening, because surrogate's court will appoint her a lawyer, take protective custody and collect half of everything they own, jointly or not. She will also get alimony to pay for her care. He will live like a pauper.
Why does this subject hit me the wrong way? After many years as a marital partner should a person be subjected to divorce due to a medical issue? Yes it happens. I hope you live in a marital property state where you have to give her 1/2 of everything.
If your spouse might need to qualify for Medicaid in the next few years, you may want to read up on Medicaid Divorce. The best way to proceed depends on the laws of your state, so your divorce attorneys should be knowledgeable about how to handle medicaid divorces, particularly if your wife will still be living with you. Dividing your assets can be a good thing to do, but some states will frown upon division of assets that are very lopsided, because they transfer the burden of care from the individual to the state. Your best option here is to find lawyers experienced in this for AZ so that it doesn't come back and haunt you at a later date. If the divorce is done correctly, it may be okay. Your attorneys will be able to give you a better answer about what to do.
There are probably some very informed posters around here who can help you, but in addition to their input, I would DEFINITELY consult with not only an Elder Law attorney, who knows Medicaid law, but with a Family Law attorney. (Try to find a firm that have specialists in both areas of law in one law firm.)
I would learn my rights and responsibilities regarding a property settlement in your divorce. How you set this up this could have major consequences on your fiances, future and qualification for Medicaid. These are valuable rights that could be lost if you do not handle it properly. Attorneys would be able to give you options and explain what the law says is required depending on how you proceed.
After many years as a marital partner should a person be subjected to divorce due to a medical issue?
Yes it happens. I hope you live in a marital property state where you have to give her 1/2 of everything.
I would learn my rights and responsibilities regarding a property settlement in your divorce. How you set this up this could have major consequences on your fiances, future and qualification for Medicaid. These are valuable rights that could be lost if you do not handle it properly. Attorneys would be able to give you options and explain what the law says is required depending on how you proceed.