Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives

medicaid divorce in ohio

Medicaid Divorce in Ohio: What You Need to Know

Publisher’s Note:

A potential client was referred to me by a local lawyer to help her initiate a “Medicaid Divorce” as her husband had lost his job, has significant medical issues and outrageous medical bills. She explained that he didn’t qualify for Medicaid because of her income and she is unable to maintain the house and support him. She wanted a divorce but remain together. The call raised all sorts of red flags!

I referred her to the law firm of Demarest + Demarest in Bellbrook to obtain the Medicaid planning advice she desperately needed. We have been partnering with Demarest & Demarest on estate planning, probate, elder law and Medicaid planning matters for almost 2 years. They do EXCELLENT work! I knew they could help her plan and consider other alternatives available.

This call also led me to suggest to Gwen and Cullen Demarest that we write this blog together to perhaps provide the public with some valuable information for those who are experiencing similar hardships.… View Full Article → “Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives”

What ‘Over Your Dead Body’ Teaches About Divorce, Resentment, and Moving On

Ohio divorce advice

Why Ohio Divorce Advice Focuses on Solutions Instead of Revenge

The dark comedy Over Your Dead Body offers an exaggerated look at what can happen when resentment takes over a marriage. For anyone seeking Ohio divorce advice, the movie offers an important lesson: focus on solutions instead of revenge.

The dark comedy Over Your Dead Body follows a married couple who retreat to a secluded cabin in an attempt to repair their struggling marriage. Unfortunately, both spouses arrive with a secret plan to kill the other. While the movie’s premise is intentionally outrageous, it highlights a problem that family law attorneys see every day: what happens when resentment replaces communication.
Most divorcing spouses are not plotting murder, of course. However, many enter the divorce process carrying years of frustration, anger, and unresolved conflict. By the time the marriage ends, they may view their spouse as an enemy rather than someone with whom they once shared a life.… View Full Article → “What ‘Over Your Dead Body’ Teaches About Divorce, Resentment, and Moving On”

Hot Divorcee Summer: The Rebranding of Divorce in 2026

Hot Divorcee Summer

Ohio Collaborative Dissolution Can Help You Move Forward

PUBLISHER’S NOTE: I want to thank Lydia Wagenbach for writing another interesting blog post! Lydia is gaining additional legal experience elsewhere this Summer but has agreed to share a few of her blog posts for our readers. Lydia will be starting her third and final year of law school this Fall at the University of Dayton School of Law. Besides law, Lydia, you have the talent to add a side gig working as a reality television show critic!

If you liked this post, click here to read the one she wrote on January 17, 2026, titled “Ohio Prenuptial Agreements: What Love is Blind Teaches Couples”. Or click here to read “The Secret Lives of Morman Wives. And Domestic Violence: The Devastating Impact on Child Custody Arrangements. Lydia! You are a GREAT writer!

The Predecessor of “Hot Divorcee Summer”: “Hot Girl Summer”

In 2019, American rapper and songwriter Megan Thee Stallion released a song called “Hot Girl Summer.”… View Full Article → “Hot Divorcee Summer: The Rebranding of Divorce in 2026”

Navigating the Unique Challenges of LGBTQ Divorce in Ohio

LGBTQ Divorce in Ohio

Why Collaborative Divorce Can Benefit LGBTQ Couples

In recognition of June being Gay Pride month, I believe it is worthwhile to share this blog about some of the unique issues that LGBTQ individuals face when ending a marriage, and also to express why taking a collaborative approach is recommended.

Ending a marriage is never easy, but LGBTQ divorce in Ohio can involve additional legal and emotional complexities that many opposite-sex couples do not face. Although same-sex marriage has been recognized nationwide since Obergefell v. Hodges (2015), many LGBTQ spouses built long-term relationships before they were legally permitted to marry. The gap between lived reality and legal recognition has lasting impacts on how Ohio courts handle property division, spousal support, and parental rights in LGBTQ divorces.

1. Legal Recognition and the Length of Marriage in LGBTQ Divorce in Ohio

One of the most important issues in LGBTQ divorce in Ohio is determining how courts evaluate the length of a marriage when a couple shared a life together before same-sex marriage became legally recognized.… View Full Article → “Navigating the Unique Challenges of LGBTQ Divorce in Ohio”

Cohabitation Can Lead To Spousal Support Termination

Love After Marriage For All: How Cohabitation With Another, Regardless Of Sexual Orientation, Can Trigger A Termination Of Spousal Support Post Divorce

I couple weeks ago, I attended a very exciting and thrilling divorce seminar (said no one ever) where a portion of it was dedicated to giving an update on divorce court forms to reflect gender neutral identifiers for the divorce parties.  For example, instead of using husband and wife, the court forms will now use spouse 1 and spouse 2 or other similar gender neutral identifiers.   I still say the classic Plaintiff and Defendant identifiers are easier, but it is not my courthouse.

I imagine a majority of courts around the country, except perhaps for the Deep South, are adjusting appropriately to be in compliance with the U.S. Supreme Court’s historical decision finding state laws that prevented same-sex marriages are unconstitutional.  Which also meant that divorce statutes and divorce case law had to catch up with same-sex marriage.  … View Full Article → “Cohabitation Can Lead To Spousal Support Termination”

Bankruptcy Reflections by Several Recent Divorcés

What You Need To Know Before Filing For A Personal Bankruptcy Action

Since the beginning of the recent housing crisis, I have had the experience of working with clients who have fallen behind with mortgage payments which resulted in the mortgage lender filing a foreclosure action with the Court.  This course of events often leads to the filing of a personal bankruptcy action to discharge the mortgage indebtedness.  In order to get the information to write this article, I chose to interview my son, who will be known as CS, and a divorce client, who will be known as RP.  CS and RP have some commonalities:  (1) both had experienced a divorce proceeding; (2) both had experienced a decline in the value of their homes causing them to be “upside down”; and, (3) both of them had support obligations (child support or spousal support) resulting in each having less disposable income with which to pay their monthly mortgage payments.   … View Full Article → “Bankruptcy Reflections by Several Recent Divorcés”

Spousal Support: Hidden Time Bomb!

Avoid Future Problems, Consult With An Attorney To Avoid Modification Of Spousal Support By The Courts.

Since divorce attorneys, like the rest of the population, do not have a crystal ball, making decisions regarding whether spousal support should be modifiable in the future are difficult.  This is a very crucial area where individuals trying to navigate through a termination of their marriage without an attorney can run into huge problems.

In Ohio, the Court does not automatically retain jurisdiction to modify spousal support in the future.  Instead, the Court’s future jurisdiction to reduce, modify or terminate future spousal support is controlled by the explicit language contained in the Final Decree of Dissolution or Divorce.  The drafting of that language, therefore, is critically important.  Of course, whether you are the payor or the recipient can have a dramatic effect on how you want that provision written.

Options to consider include the following:

  1. The Court retains no continuing jurisdiction to modify spousal support in the future.
… View Full Article → “Spousal Support: Hidden Time Bomb!”
Page 1 of 3
1 2 3