Is divorce a wise option

Lynnzer

Can't see any section that would be better to post so here goes:
Imagine an elderly married couple living together with one of the couple falling into Alzheimers, the other one getting Attendance Allowance at the top rate but with the expectation that the one with Alzheimer's may well have to be placed into a care home.
There are no joint bank accounts and the family home is in a Tenancy in Common arrangement with a will made out to allocate the share of property to a child.
So, the question is if a divorce is arranged before the move to a care home would it absolve any costs of care from the previous spouse?
Surely a divorce would take away a deprivation of assets ruling. Wouldn't it?

diystarter7

Hi

I've thought about that secenrio and IMO may be seen as a deprivation of assets. This all depends on when they got divorced and if there was any indication that a care home may be needed in the months/years to come, EG, diagnosed with early onset of dementia etc

Call the council and speak with a Care Manger on the duty desk as ask them for advice re care home fees, deprivation of assets and lay out your secenrios/s.  (Ask to speak with a CM that specialises in care home settings, and financial assessments.)

good luck

comeandgo

Does the person with Alzheimer’s still have the capability to make decisions on divorce, does their partner want it?  Why on earth would you not want their last few years to be as comfortable as possible, with their money providing for this comfort.  Have you been to see the different homes, those supplied by council funding and those private?

elsien

Will the person with Alzheimer’s have the litigation capacity to divorce? Do they want to divorce? 

Obviously in a divorce they would still be entitled to their 50% of any assets, regardless of whose name they are in. How is that any different to using their assets to finance care? Bearing in mind that any property they are living in will be disregarded. 

I am struggling to see how any of this will benefit either of the couple. Anything that doesn’t benefit them really shouldn’t be on the radar.

And as mentioned on previous threads , care managers and financial assessments generally are two completely different departments. And they will not give legal advice.

diystarter7

Hi OP

Do contact the council and speak with a CM that specialises in care home assessments, and deprivation of assets.  You are looking for guidance is my understanding and not legal advice as that cant really happens on a forum without having the full facts. Therefore, give them a call and see how it goes.

I worked for a coucil in various departments and often people thanked me whan I gave them advice and directed them, recommended they should call x/y and z. Often people feel lost in situations like yours and IMO, advice, and guidance from a local authority officer is often good and helpful. 

Giving the council a call should not cost you more than the phone call and a bit of time and I'm sure that you will end the call with a bit more knowledge at least. Then you can take it from there.

Also look up Age Concern for guidance/help/directiosn

Good luck.

Keep_pedalling

Why do you think the spouse would be responsible for paying for their partners care from their own assets? The house will be disregarded while they are still living there so only the assets and income for the spouse going into care would be taken into account, divorce would achieve nothing although it could have a negative impact on IHT.

WYSPECIAL

elsien said:

Will the person with Alzheimer’s have the litigation capacity to divorce? Do they want to divorce? 

Obviously in a divorce they would still be entitled to their 50% of any assets, regardless of whose name they are in.

The court may decide that they have a need for more than 50% of the asset pot
, especially if they have health issues, which could then achieve the reverse of what the OP is trying to achieve.

50/50 is just a starting point.