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My husband was placed in civil commitment in NJ last year. He believed he would never get out with the way the law is there. In retrospect, he filed for divorce in March of this year. He has now suffered a severe stroke and his attorney has filed papers to have him placed in a state ran nursing home facility. He is 65 years old and is eligible for spousal social security and medicare, which I am sure they are filing for. Since the divorce has already been filed for, can the nursing home or state of NJ put a lean on my home or take my 401 K retirement money to pay towards his care in the nursing home? In the divorce papers he filed he claims he has no property and was not asking for anything, since he has been in prison without any source of income the entire 25 years we have been married. And, everything I have is what I have obtained myself, with no financial help form him.
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If the attorney filing for divorce did not ask for anything then you will not have to spend the money you have for his care. You should let the divorce go through. No one can put a lien on your house for his care.
Answered on May 22nd, 2014 at 8:30 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship