Unfortunately, but many similar situations has shown that divorce is one of the things that you may consider now.

My father requires full time medical observation as of a brain injury and several other medical issues and he has been in a hospital for a long time now. My mother is afraid to retire as her insurance policy still covers him now. She is also afraid to retire as she thinks of the medical bills she will be responsible for if/ when her health deteriorates, but the stress of working in this age (55) and also acting as his caretaker is too much for her. Can divorce be an option to protect both her assets and make sure that my father will be covered by medicare/medicaid? My father has very little assets and savings while my mother has a substantial 401k plus home.

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Unfortunately, but many similar situations has shown that divorce is one of the things that you may consider now. However, it’s such a step that you should think many times before taking and moreover, there are some good cost associated with this path as well.

Again, this is a very complicated area of the law and here you need to complete answer in 3500 characters or less.

However, this law is in a way protective for people like your parents and here, your mother would be allowed to retain a portion of the joint assets and not required to sell them to care for your father. You should consult with an experienced attorney to see what options are available to you and when your mother stands.


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