Description
Medicaid divorce is a strategic but controversial legal option for couples where one spouse requires long-term care. By legally dissolving the marriage, the couple can protect assets for the non-applicant spouse, ensuring financial stability while qualifying the applicant spouse for Medicaid benefits. While in some situations there may be benefits to a Medicaid divorce, such as asset preservation and Medicaid eligibility, it is considered an extreme option. Frequently there are significant drawbacks to Medicaid divorce, including emotional and legal complexities.
Elder law attorneys must navigate the delicate balance between ethical considerations and the financial needs of their clients. This includes understanding the spousal impoverishment rules, community spouse resource allowances, and the impact of state-specific regulations on Medicaid divorce. The course will also address the necessity of Medicaid divorce, examining scenarios where it may be the only viable option versus situations where alternative strategies could be more appropriate.
Listen as our expert panel provides practical insights into the legal and financial planning required for Medicaid divorce, including the division of assets, compliance with state laws, and the potential long-term implications for both spouses. The panel will also address how to advise clients who may be considering this complex and often emotionally charged decision.
Presented By
Ms. Jewell graduated from Indiana University - Robert H. McKinney School of Law in 2012, and was admitted to the Indiana State Bar in 2013. Prior to pursuing her legal career, Ms. Jewell worked as a licensed financial advisor and then as a banker, where she discovered her passion for assisting older clientele. Ms. Jewell is an active member of several professional organizations, which include the Treasurer of the Indiana Chapter of The National Academy of Elder Law Attorneys and a member of the Indianapolis Bar Association’s Elder Law and Probate, Trust & Real Property Sections.
Mr. Moore is an attorney and owner of The Moore Law Office. He primarily dedicates his practice to elder law, personal injury, criminal defense, estate planning, health care and probate matters. Mr. Moore has been admitted to practice law in Indiana since 2006 and has more than a decade of experience. He is licensed before all Indiana state courts and the U.S. Bankruptcy Courts for the Northern and Southern Districts of Indiana. Before forming The Moore Law Firm, Mr. Moore worked as an associate and partner at two Indiana firms.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Monday, March 24, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Benefits of Medicaid divorce
- Asset preservation
- Medicaid eligibility
- Financial stability for the non-applicant spouse
- Drawbacks of Medicaid divorce
- Emotional and legal complexities
- Potential for fraud allegations
- Impact on family dynamics
- Necessity of Medicaid divorce
- Scenarios where it is the only viable option
- Ethical considerations
- Alternatives to Medicaid divorce
- State-specific considerations and rules
- Practical guidance for elder law attorneys
- Legal and financial planning
- Division of assets
- Long-term implications and client advisement
The panel will address these and other key issues:
- When Medicaid divorce might be a viable option to protect assets for the non-applicant spouse
- Emotional and legal complexities associated with Medicaid divorce
- Ethical implications of recommending Medicaid divorce; exploring alternative strategies
