You may want to consider the Trusts available to protect your assets from Medicaid, while still supporting the best interests of yourdisabled spouse and/or child.
The Discretionary Spray Trust and the Special Needs Trust are two options to save your spouse or your child from having to “spend-down” to meet the available asset guidelines imposed by Medicaid. Essentially, they provide the option to have funds placed in a trust with an appointed Trustee having the discretion to pay for non-support items or the Trustee may have sole, absolute & uncontrolled discretion spending. The choice depends on which trust is best for your needs. This is a serious option to consider in preventing the loss of hard-earned assets.
If this sounds like something beneficial for your divorce situation, make sure to use Attorneys that are knowledgeable and experienced to help with your Estate Planning and Divorce. – Mariani Reck Lane LLC, LLC.