Michigan Medicaid Divorce & Spousal Protection
What Is a Medicaid Divorce?
A Medicaid Divorce is a legal divorce pursued solely to help a spouse qualify for Medicaid long‑term care while protecting the healthy spouse’s finances. It’s serious, complex, and not the only option. Rutkowski Law Firm helps Michigan families understand the trade‑offs and consider safer planning alternatives before taking irreversible steps.
Trusted by Over 450 Clients with a 4.9 Star Rating
We are so very grateful for all of the help from the Rutkowski team, to get our parents’ finances in order and to get them settled in long term care...
Rutkowski Law Firm helped our family at one of our most difficult moments. My mom went into kidney failure... all her affairs are in order.
Is a Medicaid Divorce Ever Appropriate?
A Last‑Resort Strategy—Not a First Step
A Medicaid divorce can sometimes preserve assets for the healthy spouse when nursing home costs threaten a family’s stability. But it can also have emotional, legal, and tax consequences. We help you weigh all angles before deciding.
- Couples Facing Immediate Nursing Home Costs :
- When private‑pay rates threaten to exhaust savings within months and timing is critical.
- Healthy Spouse Needs Long‑Term Financial Security :
- If the well spouse risks losing the home or monthly income needed to live at home.
- Prior Planning Isn't in Place :
- If there are no trusts, powers of attorney, or spousal protection plans set up yet.
Options That May Protect Your Marriage and Your Money
Alternatives to Medicaid Divorce in Michigan
There are lawful planning tools that can protect the healthy spouse without ending the marriage. Our team evaluates your timeline, assets, and care needs to build a plan that fits.
- Spousal Protections (CSRA & MMMNA) :
- Use Michigan's Community Spouse Resource Allowance and Minimum Monthly Maintenance Needs Allowance to keep assets and income for the healthy spouse.
- Spend‑Down with Asset Protection :
- Convert countable assets into exempt ones (home improvements, vehicle, certain prepaid burial) under a compliant plan.
- Medicaid‑Compliant Annuities :
- Transform excess assets into an income stream for the healthy spouse when appropriate.
- Targeted Gifting & Care Contracts :
- When used properly, written caregiver agreements and limited gifting can support eligibility without a divorce.
- Crisis & Proactive Trust Planning :
- Depending on timing, irrevocable and special‑purpose trusts may protect assets while maintaining care options.
Here When the Stakes Feel Highest
How Rutkowski Law Firm Supports Your Family
Whether you’re exploring options proactively or facing urgent nursing home costs, we move quickly to protect your family’s well‑being. We’ve delivered notarized documents at hospital bedsides in under 24 hours—because when families need help, we don’t wait. We meet you where you are—with the knowledge, heart, and urgency your family deserves.
- Fast, Compassionate Support :
- We move quickly in crisis situations—often within 24 hours—so you don't navigate this alone.
- Protect the Healthy Spouse :
- Strategies designed to safeguard income, the home, and dignity—without unnecessary steps.
- Real‑World Guidance :
- Plain‑English advice about what to do now, what to avoid, and how each choice affects your family.
Our Proven Process for Spousal Protection
We understand Medicaid rules—and we understand families. Our process guides you with care, clarity, and confidence from the first call through implementation.
Step 1: Book Initial Consultation
- Connect with our Customer Success Team by phone or online to schedule your consultation.
- Call us directly or request a call back at a time that works for you.
Step 2: Attend Initial Consultation
- Meet with our team to review your family’s care needs, finances, and goals.
- We’ll listen without judgment and explain your options in plain English.
Step 3: Strategy & Plan Design
- We compare Medicaid divorce with all other asset protection strategies.
- You’ll receive a clear action plan outlining steps, timelines, and potential outcomes.
Step 4: Plan Implementation
- We put your chosen strategy into motion — whether that’s pursuing a Medicaid divorce or executing an alternative plan.
- This may include asset repositioning, trust creation, or coordination with family law counsel.
Step 5: Medicaid Application
- We prepare and submit your Medicaid application with all required documentation.
- Our team responds promptly to caseworker requests to avoid delays.
Step 6: Ongoing Support
- We stay with you after approval to handle annual redeterminations and update your plan as needs change.
- You’ll have a trusted partner for future care or financial adjustments.
Common Questions About Medicaid Divorce
Guiding the Firm, Protecting Families
Whether you need a will, trust, asset protection plan or are in need of medicaid crisis planning, our team is here to help! We are dedicated to providing you with the best legal representation possible. Call us today to book your consultation.
Meet the Whole Team
Request a Consultation
With offices in Rochester and Bloomfield Hills, we’re proud to serve families throughout Michigan. Prefer virtual? We offer video consultations for estate planning, so you can plan from the comfort of home.
Please fill in the form and one of our customer service representatives will be in touch first thing on the next business day.
If you'd rather book a discovery call so you know exactly when to expect a call from our customer success agents, you're welcome to click the link below and find a time that works best for you.
“Their whole team was amazing to work with! The attorneys were very knowledgeable and made it easy to understand. We chose virtual planning process option because it was so much more convenient with my work schedule but they offered to meet in person too of we didn't do zoom. Highly Recommended!”
Our Offices
Are Your Powers of Attorney and Health Documents Ready for the Road?
Before your next trip, whether it's across state lines or across the ocean, make sure your legal documents are up to date.
Founder / Attorney
Planning for Properties Beyond Michigan
Vacation homes, rentals, or timeshares can complicate your estate. Here’s how to make sure they don’t.
Founder / Attorney
Staying Involved: How to Maintain Oversight in an Irrevocable Trust
Irrevocable doesn’t mean hands-off learn how to retain control and flexibility while protecting your assets.
Founder / Attorney