Divorce Can Divide Assets to Make a Spouse Eligible for Medicaid and Nursing Home

Divorce can divide assets to make a spouse eligible for Medicaid and nursing home. 03-01-07 W.T. v. Division of Medical Assistance and Health Services, et al. A-0089-05T5 Director of Division of Medical Assistance and Health Services upheld imposition of Medicaid transfer penalty based on unequal equitable distribution to spouse of Medicaid applicant in an action for divorce from bed and board. Reversed on grounds that no regulation authorized the decision, which was also contrary to New Jersey law of equitable distribution SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0089-05T50089-05T5 W.T., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondent-Respondent, and OCEAN COUNTY BOARD OF SOCIAL SERVICES, Respondent. Entire opinion at http://www.kennethvercammen.com/division_of_medical_assistance_and_health.html?id=266&a=