There are many ways to approach Medicaid eligibility: spending down assets, exempt transfers, the creation of certain trusts, and general proactive planning before the look-back period. Some tactics, however, may not be as effective as they once were.
Illinois Divorce Penalty
In a recent, non-binding Illinois opinion, a man was penalized for transferring assets to his ex-wife via a divorce agreement. Harold was 76 years old when he entered long-term care due to Parkinson’s disease. Four months after entering the care facility, he divorced his wife of 50 years. As outlined in the settlement agreement, he kept his pension, Social Security benefits, and $123,000 cash and other assets. His ex-wife kept her Social Security benefits, $88,000 in cash and other assets, the car, the $325,000 house, and some non-marital property.