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Can an Ex-Spouse Receive Spousal Support Payments from a Medicaid Recipient?

  • February 14th, 2018
Q
My mother and father are divorced. My father entered a nursing home in Ohio and needs to apply for Medicaid. Will my mother still be able to receive spousal support payments from my father each month?
A

While we can’t tell you about Ohio in particular, the answer is probably no. Your father will have to pay all of his income, less a small personal needs allowance to the nursing home. Medicaid allows for income to be paid to a spouse in some circumstances, but not to an ex-spouse. It doesn’t care that your father has a legal obligation to make these payments.

Local Elder Law Attorneys in Ashburn, VA

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The Estate Planning & Elder Law Firm PC
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Last Modified: 02/14/2018

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