In Family Law matters, we co-counsel and collaborate with your divorce attorney or family law attorney to address the concerns in the case that are related to disability of the client, spouse or children. We provide creative ideas and related documentation to assist your attorney accomplish your goals. At times, courts appoint us as special counsel to assist the parties with these issues. Our family law legal services include:
- Medicaid Eligibility in connection with divorce
- Estate Planning and trusts for the divorced client
- Special Needs Trusts for individuals under 65 with disabilities
Protecting Clients with Disabilities
Individuals with disabilities require special strategies to protect their benefits. If clients or their children are receiving Medicaid or Supplemental Security Income (SSI) or participate in programs of the NJ Division of Developmental Disabilities (DDD), the resolution of a divorce requires careful attention to the requirements for eligibility for those programs. For clients receiving alimony and equitable distribution, we have substantial experience in preparing plans that preserve a divorcing client’s eligibility for Medicaid when that’s needed for long-term care.
Special Needs Trusts
Special Needs Trusts can protect the income and resources of Medicaid recipients (or their children) who are under age 65. Contact us to discuss your personal situation.
Updating the Estate Plan
When a couple separates and also after a divorce, it’s important to review their estate plan and to make the appropriate changes to the Last Will and Testament, Beneficiary Designations, Powers of Attorney, Health Care Proxies, and Revocable Trusts. Contact us about your personal situation.
Co-counselling in Family Law Matters | Protecting Clients With Disabilities
We provide focused support in divorce and family law cases to protect the interests of individuals with disabilities who need to protect their eligibility for Medicaid, SSI or other benefits. .
Family Law News & Insights
Litigation Achievements
W.T. V. DMAHS, 391 N.J. Super. 25, 916 A.2d 1066 (App. Div. 2007): Unequal equitable distribution in divorce is not necessarily a disqualifying transfer of assets if consistent with matrimonial law.
J.P. V. DMAHS, 392 N.J. Super. 295, 920 A.2d 707 (App. Div. 2007): Alimony can be paid to a Special Needs Trust to protect Medicaid benefits.
