On balance, the answer is “no.” Once married, both spouse’s assets must be counted for purposes of Medicaid eligibility. It is better to live in sin. However, as love does not have an age limit, many couples decide to marry despite the legal and financial consequences. We recommend those couples enter into a prenuptial agreement and maintain separate trusts. By doing so, they can minimize potential conflict in the event of death or divorce. However, as Medicaid and other government benefits do not recognize prenuptials or the separate titling of assets, the couple should also be prepared to divorce in the event that one of them needs long term care.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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