Unfortunately, the State of Maryland does not take pre-nuptial agreements into consideration when determining Medicaid eligibility. All assets owned by either spouse are considered jointly owned and must be divided and spent-down exactly as they would if there was no pre-nuptial agreement in place. The only way a pre-nuptial agreement is effective is if the couple actually divorces.
Those who work for the Medical Assistance office cannot offer you legal and planning advice. Therefore, you may not learn about laws that allow you to receive Medical Assistance and keep part or all of your spouse’s income, your income, your home and assets. Also, they do not represent you, they represent the State. Medical Assistance has rules and regulations in place to ensure families don’t lose their home or all of their assets to the nursing home. It is important to seek the advice of Senior Life Care Planning before you loose all of your assets. We will explain…
So, when is the right time to start planning? You should pick up the phone right now and call Senior Life Care Planning at 301 663 9230 or email our office.
If you are applying for Medicaid, the institutional spouse (spouse in nursing home) and their community spouse (spouse not in nursing home) may protect their assets and lifelong savings, retirement IRA etc. by spending those assets on noncountable assets. These expenditures may include: prepaying funeral expenses, paying off a mortgage, making repairs to a home, purchasing a new automobile, updating home furnishings and equipment, purchasing insurance up to $1,500 buying a new home, if under $500,000, (in some states $750,000) puchasing an annuity In the case of married couples, it is often important that any spend-down steps be taken only…
Although official VA regulations state that “a veteran’s or widow’s home is exempt, “some Regional Center VA Adjudicators are mistakenly taking the position that the home is no longer exempt
Frederick, MD 
301-663-9230