My ex husband may need to go on Medicaid to cover his nursing home expenses beyond what his long term care insurance covers. Can I continue to receive my court-ordered maintenance from his social security benefit if he is on Medicaid? If I lose my monthly maintenance my monthly income will be my ss benefit of $700. His ss currently is his only source of income.
Are you getting SS based on your own record? Are you at full retirement age? Can you do like I am and have the additional check based on his record? Are you at full retirement age and can you draw on his record (assuming you were married at least 10 yrs.)? I think you need to contact your Social Security office.
If they have no answers contact, the court that ordered your payment. I would think that your maintenance payment would be looked at as any other debt that needs to be paid and would therefore be continued. But that is just my opinion. Contact an expert.
MMMNA issues are all sticky, you'll likely need someone to work with you in figuring that out like an elder care attorney. The MMMNA is based on your state's AVERAGE and seem to be on the low side and often the still living in the community spouse or ex-spouse (that would be you) will have to do an appeal to the state for more MMMNA or get a court order for spousal support to get more monthly support. If you were awarded the marital home and he was awarded the mortgage (you go girl!), you really have to be proactive in getting the order done before Medicaid gets involved - you're goal it to have his income fully diverted to pay for the mortgage, less whatever is your states personal needs allowance for him at the NH ($ 35 - 90 a mo). If this is your situation, I'd call your old divorce attorney to see if they can handle this or give you a referral to another attorney.
You know as more & more baby boomers are having dementia or other issues to be needing a NH, there are all these sort of issues which just aren't as clear cut for qualifying as it is for your parents or widowed parent for Medicaid NH.
Anyway, without the support of his ex, my friend, and the structure of his family he lost his job and never was quite the earner he used to be. Eventually his abuse of substances and a heart problem that led to two heart attacks caused him to go down a path of less and less income. Today he is in his 60's and has nothing. For a time he lived in his car! (The young GF was gone once she figured out the ex would get what she was due).
My friend took her brother's advice and she never was 'tethered' to her ex financially because she got what she was entitled to when he had the income. The courts can and will adjust maintenance payments if the money isn't there and the ex who was obligated can no longer meet those payments. It's hard to hear but you need to move on.
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