If my spouse is disabled and can no longer care for herself, are there any laws that would require me to stay married to her?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my spouse is disabled and can no longer care for herself, are there any laws that would require me to stay married to her?
I cannot afford to hire someone to take care of her. She is on Medicare but my income is just enough over the poverty level that we can get very little outside assistance from the state.
Asked on November 26, 2012 under Family Law, Oklahoma
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no law that requires you to stay married to your spouse. However, if you are considering divorce as a way to qualify for assistance, you may want to give it a bit more thought. Many agencies will consider all of the resources available to the applicant. This means that if your resources (income, housing, and support) are still available to her, then that is still a resource that could still disqualify her from assistance. Before you talk to a family law attorney to file for divorce, consider visiting with an attorney that handles Medicare and other disability claims. There may be some specialized provisions that you can invoke to get assistance that you just aren't aware of. Medicare actually has some specialized provisions for spouses of disabled persons that require a stay at an assisted living type facility. Someones it's just a matter of filling out the right paperwork and using the magic language with certain agencies. It seems like you love your wife, but are frustrated by the system. Get help with the system before you end your marriage. If you can't afford an attorney, research non-profit groups that help disabled persons in your area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.