Michigan Medicaid Divorce Lawyer
Before Divorce, Let’s Explore Every Other Option
When nursing home costs threaten to drain a couple’s life savings, some consider a Medicaid divorce — a legal divorce pursued to help one spouse qualify for Medicaid while protecting the other. At Rutkowski Law Firm, we help you understand the risks, alternatives, and safest path forward.
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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...
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Is Medicaid Divorce the Right Choice for You?
A Medicaid divorce is not a first step — it’s a last resort. Before ending a marriage to protect assets, we explore every lawful option to keep you together while safeguarding the healthy spouse’s financial future.
- Get an Eligibility Snapshot
We calculate your Community Spouse Resource Allowance (CSRA) and Minimum Monthly Maintenance Needs Allowance (MMMNA) for Michigan, map the gap, and outline what it takes to qualify—without ending your marriage.
- Protect the Home & Essential Assets
We prioritize keeping the healthy spouse housed and stable—using homestead protections, Lady Bird (enhanced life estate) deeds, and other exempt‑asset strategies tailored to Michigan rules.
- Smart Spend‑Down (Without Waste)
Turn “countable” dollars into exempt value: medically necessary home upgrades, a reliable vehicle, prepaid burial/funeral, and other compliant conversions that preserve dignity and options.
- Medicaid‑Compliant Annuities (When They Help)
In the right cases, we convert excess assets into an immediate, actuarially sound income stream for the healthy spouse—structured to meet Michigan Medicaid requirements.
- Caregiver Agreements & Targeted Gifting
Documented family caregiver contracts and limited, strategic transfers can support eligibility when timed and papered correctly—avoiding look‑back penalties and surprises.
- Crisis Applications & Caseworker Advocacy
Already in (or about to enter) a nursing home? We assemble documentation fast, submit the application, and respond to DHS requests—so you’re not navigating red tape alone.
- Coordinate with Family Law Only as Last Resort
If every other lawful avenue falls short, we’ll coordinate with divorce counsel to protect the healthy spouse—fully briefed on tax, inheritance, and emotional trade‑offs.
- Ongoing Support & Redeterminations
Care and finances change. We stay with you after approval—answering mailings, updating assets/income, and preparing annual redeterminations so benefits keep flowing.
Our Process for Spousal Protection
We guide you through the decision-making process with compassion and clarity — from weighing options to protecting your family’s stability.
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.
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“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!”
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