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L.M. v. New Jersey Div. of Medical Assistance & Health Servs.
659 A.2d 450 (N.J. 1995) ; Clearinghouse Number: 50719
Description
Pension Benefits Awarded to Medicaid Applicant’s Former Wife Are Not Income Available to Him
Abstract
The New Jersey Supreme Court has held that plaintiff’s
pension is owned by his former spouse and should not be considered
as income for purposes of determining his eligibility for Medicaid.
Plaintiff, a 75-year-old man, had required nursing home care since
he suffered a stroke in 1992. His initial application for Medicaid
was denied because his monthly income, which included social
security and pension benefits, exceeded the eligibility limit.
Thereafter, plaintiff’s wife, to whom he had been married for
over 60 years, filed a complaint for divorce from bed and board.
The divorce judgment provided that plaintiff’s wife was to
receive all of his interest in his pension plan. Plaintiff again
applied for Medicaid, and this second application was again denied
because of excess income. Finding that plaintiff’s pension
was available to him, even though it was being paid to his former
spouse pursuant to a qualified domestic relations order, the
appellate court upheld the denial. The court noted that to hold
otherwise would encourage parties to secure divorces in order to
establish Medicaid eligibility. On appeal, the supreme court held
that, pursuant to equitable division of marital assets,
plaintiff’s former spouse owned his pension, and therefore
those pension benefits could not be considered income available to
him for Medicaid purposes. Although the court articulated its
concern that its holding might encourage couples to divorce to
protect assets for the spouse of a nursing home resident, it noted
that recent modifications to the Medicaid eligibility requirements,
including provisions authorizing the use of Miller trusts and the
governor of New Jersey’s recommendation authorizing coverage
for nursing home care through the state’s medically needy
program, should make it unnecessary for families to resort to such
extremes.
Additional Information
Files
- Petition for Certification on Behalf of Petitioner
- Brief on Behalf of Respondent in Opposition to Petition for Certification
- Motion for Leave to Appear Amicus Curiae in Order to File Brief and Present Oral Argument
- Brief on Behalf of Respondent in Response to the Brief of the Amicus Curiae, Legal Services of New Jersey
- Opinion
