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Ray, Lawyer
Category: Legal
Satisfied Customers: 41643
Experience:  30 years in civil, probate, real estate, elder law
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I can no longer take care of my husband. We are both 66 yrs.

Customer Question

I can no longer take care of my husband. We are both 66 yrs. old and the VA says I have to take him back home. He's in very poor health and has fallen 4 times in the last month and I have had to call the fire dept to pick him up because of his obese weight. If I file for a legal separation would I be able to get spousal support he gets $1915 and I receive $631 from Social Security?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: WI
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: The bills in my name are over $40,000 most of it is in medical related and a few charge cards
Submitted: 7 months ago.
Category: Legal
Expert:  Ray replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 7 months ago.

Have you tried medicaid here to see if he qualifies for that.They cover long term care and that would be a way out here, he could receive nursing home care.

Wisoconsin does recognize legal separation and you can receive spousal support a well.In the Wisconsin courts, two options are available for spouses who wish to separate and obtain a court order regarding the spouses' children, finances, or property. Divorce is the obvious first option, and legal separation is the second. Both options will provide spouses with some court oversight of custody and placement of any minor children and property division. Procedurally, divorce and legal separation are very much the same. However, there are a few important differences between divorce proceedings and legal separation proceedings:

  • Legal separation proceedings conclude with a court order obligating each spouse to take certain actions (just like divorce,) however, there is no final judgment of divorce that legally dissolves the marriage. The spouses are still married at the end of the legal separation proceeding, therefore it may be an attractive option to individuals who desire a court order but disagree with divorce on moral or religious grounds. Because the legally separated spouses are still married, it follows that neither spouse can marry anyone else unless they are divorced. Additionally, the court can set aside the judgment of legal separation at any time if the spouses reconcile.
  • For a court to enter a legal separation, it must find that the marriage is "broken," unlike divorce where a marriage must be "irretrievably broken." A chance of reconciliation of differences is what sets legal separation apart from divorce.
  • In the petition for legal separation, the party or parties (if filing jointly) must state the specific reasons for requesting a legal separation instead of a divorce.

These are your two options here apply for medicaid for him or legally separate as you state.Either of these might get this resolved so that you can manage your affairs.

I am so sorry you are having to deal with this.I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars when we are done it is always much appreciated.

Expert:  Ray replied 7 months ago.

Medicaid for him

Lawyer of you need to file for legal separation

If you need help with a legal issue, the State Bar of Wisconsin's Lawyer Referral and Information Service (LRIS) is a good place to start. You can search for an attorney through our website, or you can speak to a legal assistant by calling(###) ###-####