My husband, who is 15 years older than me, is in bad health physically (has prostate cancer) and has some dementia going on. If he ends up in assisted living (which will be private pay as we have LTC insurance) can I seek a divorce? I would like to move on with my life and he wants me too. This may sound harsh but we are realistic. I know I can file for divorce but would like to know about the timing..if we should do it before he ends up in AL or his dementia gets worse.
There's a lot of issues that could get sticky....like a fair division of assets; who will become his DPOA MPOA, etc. IF there are children from prior marriages or assets carried over into this marriage this could be really really sticky to deal.
If a divorce s what you both want you need legal to get on this ASAP.
Oh & about the LTC insurance policy, review it are fully to see what the coverage is. Many require an other pay window (often 90 days) before the LTC will kick in & pay whatever limits are as per policy. His policy limits may not pay for all costs. You may want to look at facilities to see which will provide his care needs and will take LTC insurance. My moms NH did not take LTC insurance as a Payor. What billing told me when I asked as to why.....was that each of the LTC companies had their own different criteria for reinbursement and it was just too paperwork heavy to get paid which was often delayed....that really accepting medicaid was better as the NH was paid like clockwork from the state will no BS once the resident was Medicaid eligible. I have no idea if this (facility's not taking LTC insurance) is a trend or a one off by this NH group.
See All Answers