Arizona’s Medicaid program for long-term care ALTCS (Arizona Long-Term Care System) has a rule that one must not have more than $2,000 in resources to be approved for aid. Some married couples believe that the only way to get approved is for them to get a divorce. In fact, some people have engaged in this type of strategy to qualify for ALTCS, but we have good news. There are many other ways a couple can qualify for ALTCS without getting divorced.

A couple using the unnecessary divorce path to qualify would put all the assets in the well spouse’s name, then get a divorce as a way to impoverish the ALTCS applicant.

The general rule is that the well-spouse can keep one-half of the couple’s resources, and the other half must be “spent down” or converted into unavailable resources. The applicant’s half can be used to pay off debt, purchase a vehicle, or pay down a mortgage. If these options don’t apply to the applicant, there are even more ways that can be effective, especially with the help of an Elder Law Attorney.

The ALTCS program should provide a safety net for families, not a motivation to end a marriage.

Call the Family Law Team at (480) 467-4348 to discuss your case today.

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