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Should I get a divorce to protect my assets?

West Lafayette, IN |

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?"

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Filed under: Divorce Estates
Attorney answers 3


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.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


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.

Kate Flood
Indianapolis divorce lawyer

The foregoing is not intended to be specific legal advice, but rather general information. Because of the nature of this online, non-confidential forum, and because each and every family law case is different, it is impossible for any attorney to consider all of the facts of your specific case and provide a concrete answer. If you require specific legal advice, you should retain a qualified attorney in your area.