Divorce and the Community Spouse

Another “option” that may be considered in appropriate cases is divorce. Deeming between spouses terminates when the marriage terminates. In most cases, this “option” should be avoided because the emotional turmoil associated with divorce is significant and the CSRA can be set by court order, see § 1396r-5(f)(2)(iv) and (f)(3). Divorce also prevents an applicant from diverting monthly income to a Community Spouse and, among other negatives, terminates a survivor’s right to seek VA Aid and Attendance. However, where the quality of the marriage is poor and the Community Spouse’s resources are substantial, divorce may protect more resources.

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