Medicaid eligibility and spousal support

My husband has a disability, and may in the future need to apply for Medicaid benefits. We are going through a separation and want to sign a separation agreement. My pension is bigger than his disability money, and his pension. I would be giving him spousal support monthly. The question is if he needs to go into a nursing home and apply for Medicaid benefits, does Medicaid take the spousal support into consideration when deciding eligibility if I stopped the support payments? Is there another way that I can help him financially without it stopping him from getting his care from Medicaid? Is there a way to write in the agreement to say that I will take care of him financially, if necessary, without being denied by Medicaid for my financial assistance? We do have an irrevocable trust, but I’m not sure how that helps this situation.

Those are questions best for an estate planning attorney as Medicaid benefits and the details of them are outside the scope of family law.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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