Should the well spouse of an individual, who has dementia, divorce the
ill spouse who will, most likely in the future, enter a nursing care
facility to protect the well spouses income & assets?"
There are other ways of protecting assstts less troubling than a divorce, such as some estate planning, please work with a local attny. Take care.
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I agree with counsel. If you have enough assets to worry about this it would be worth the investment to get a local estate planning attorney to thoroughly look at your fact and answer this and any other questions you may have.
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I agree with both of my colleagues' responses. I would only add that if you do divorce your spouse and she is determined, because of the dementia, to be disabled, the court could order you to pay spousal maintenance to her for the rest of her life. Speaking with an estate-planning/end-of-life attorney would be very helpful.
I wish you the best of luck.
Indianapolis divorce lawyer
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