Are You Desperate Enough for Strategic Divorce?

Even though you may have seen other couples be there for each other in difficult times, you probably cannot imagine how difficult life will eventually get for you and your spouse. Maybe you saw your grandmother take care of your grandfather at home for years when he was in poor health, while all of your other relatives lived far away and only came for brief visits. Perhaps your parents lived in your grandparents’ house for the entirety of your childhood, and your mother rarely complained about how hard it was to live with her in-laws. 

If you have seen couples who have stayed together during times of ill health and financial hardship, you have role models for family togetherness, but this does not ease the physical and financial pain. At first glance, abandoning your spouse when they are physically and financially vulnerable sounds like a supervillain move, but some people divorce when they are elderly and destitute because this would be less financially catastrophic than staying married. To avoid having to make this horrible choice, contact an Oakland lawsuits, collections, and creditor harassment lawyer.

Divorce Your Debts, Not Your Spouse

Family law attorneys call it strategic divorce, but in practice, it is a heartbreaking choice.  Couples who remain committed to their wedding vows legally dissolve their marriages because the financial risks of staying married are too great.  If you are considering a strategic divorce, you know you are in a desperate financial situation; for most people in all income brackets, marriage is a source of financial stability and a predictor of it.

The most common reason that people file for strategic divorce is Medicaid eligibility. Usually, one spouse needs extended care in a nursing home because of a chronic illness or severe injury. Some people in this situation are younger than 65, but even people old enough for Medicare eligibility can fall into this situation; Medicare only pays for 100 days of nursing home care. By getting a divorce, the medically vulnerable spouse no longer owns a share of the healthy spouse’s assets, thereby making them eligible for Medicaid. Meanwhile, the healthy spouse does not risk the state claiming their house and other property through Medicaid asset recovery after both spouses have died. 

Other reasons that people get a strategic divorce are one spouse needing to file for bankruptcy without damaging the other spouse’s finances, or a situation where getting a QDRO would cost less than simply withdrawing money from your retirement account within an intact marriage.

Getting a strategic divorce can feel like you are abandoning your spouse when they need you most. A debt relief lawyer can help you find alternatives to strategic divorce. If you end up getting a divorce, you may be able to find a way to stay together as a family.

Contact the Law Office of Melanie Tavare About Strategic Divorce

A debt relief lawyer can help you if your financial situation is so bad that you are considering a strategic divorce. Contact the Law Office of Melanie Tavare in Oakland, California, or call (510)255-4646 for a case evaluation.