Spousal support for spouse in nursing home

[HtownAg]

This ia about my aunt who lives in Texas

My aunt is being divorced by her husband of 12 years. They are both in their early 40s. My aunt has been living in a nursing home for almost 3 yrs due to short term memory problems. My aunt and her husband talk to each other daily and they have a strong relationship, this is more of a financial matter it seems. All of her needs are met at the nursing home (medical, housing, etc.) and paid for by Medicaid. The husband sends her $100.00 every month so she can buy things she wants when they go on their monthly Wal-Mart outing, where she buys things to write on and clothes.

Obviously all of her "needs" are met, and she will be living the rest of her life in a nursing home, but we are wondering if she would be able to ask for spousal support, and if so how much? Is it something that is awarded? If so, it is a given that if she asks it will be awarded, or can the judge say she won't be awarded because her needs are met through Medicaid?

I ask because her situation is so much different than the typical divorcee.

Any info on nursing home residents and their being divorced would be greatly appreciated.

Thank you in advance

 

[nextwife]

This ia about my aunt who lives in Texas

My aunt is being divorced by her husband of 12 years. They are both in their early 40s. My aunt has been living in a nursing home for almost 3 yrs due to short term memory problems. My aunt and her husband talk to each other daily and they have a strong relationship, this is more of a financial matter it seems. All of her needs are met at the nursing home (medical, housing, etc.) and paid for by Medicaid. The husband sends her $100.00 every month so she can buy things she wants when they go on their monthly Wal-Mart outing, where she buys things to write on and clothes.

Obviously all of her "needs" are met, and she will be living the rest of her life in a nursing home, but we are wondering if she would be able to ask for spousal support, and if so how much? Is it something that is awarded? If so, it is a given that if she asks it will be awarded, or can the judge say she won't be awarded because her needs are met through Medicaid?

I ask because her situation is so much different than the typical divorcee.

Any info on nursing home residents and their being divorced would be greatly appreciated.

Thank you in advance

There are many factors. Presumably she will be appointed a guardian to look out for her interests?

What sort of debts and assets are there? His income? Is she getting SSDI and/or any other disability income? Mr will be assuming all the marital debt, obviously? Are there minor children? If so, he will be supporting them alone, presumably?

 

[xylene]

Your aunt is permanently mentally incapacitated.

Being incapacitated for over 3 years is a grounds for divorce.

Your aunt will need a guardian for the divorce proceedings and to make decisions for her. That person will have to hire a lawyer for the case.

If your aunt is 40 and Medicaid eligible, it is a fair assessment that your uncle in law does not have substantial means.

 

[HtownAg]

There are many factors. Presumably she will be appointed a guardian to look out for her interests?

What sort of debts and assets are there? His income? Is she getting SSDI and/or any other disability income? Mr will be assuming all the marital debt, obviously? Are there minor children? If so, he will be supporting them alone, presumably?

His income is about $43,000 a year.

There are no assets (home, financial, etc.) and no children. She hasn't applied for disability, mostly for fear that if she gets it she will no longer qualify for Medicaid. That of course would mean she couldn't stay in the nursing home she believes.

The only debt is each of their student loans.

 

[ecmst12]

Qualifying for disability is an automatic qualifier for medicaid in some states. The next of kin or guardian should speak with the case manager to get the real facts.

If she's getting medicaid while still married, I'm not sure what financial reasons for getting divorced might be, but they really need to be careful to avoid the appearance of Medicaid fraud.