Legal Question in Elder Law in Massachusetts
protecting assets
Is it possible for a spouse to file for a divorce from a nursing facility?
Asked on 12/12/06, 11:21 am
2 Answers from Attorneys
Alexandra Golden
Golden Law Center
Yes, But.....
Can you divorce a spouse in a nursing home? Sure.
Will it help protect assets? That depends. The SJC has held that that separation agreements drafted in order to protect assets from MassHealth claims are void as against public policy.
Before going down this road, you would do well to consult with me or another elder law attorney. You may protect MORE assets by staying married.
Answered on 1/15/07, 5:05 pm
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