“Our pre-nuptial agreement shows that everything belongs to my husband so I can qualify for benefits.”

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.

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