Can a couplestill live together if they were to get legal a separation for medical coverage reasons?

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Can a couplestill live together if they were to get legal a separation for medical coverage reasons?

My sister needs state medical assistance but dose not qualify because her husband makes too much but not enough to cover her Rx. Can they be legally separated in order for her to qualify for assistance, without any legal consequences? Can DSHS come after them for fraud if they were to do this?

Asked on August 31, 2010 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you are proposing is troubling on many levels. Mostly because your sister has been placed in this situation to worry about such things. You can live with whomever you want, married or separated or single.  But it will send up a big red flag to those that will approve the needed assistance or care that this is indeed a set up for purposes of obtaining coverage and indeed a fraud.  That is not a position that you want to be placed in I am sure.  There may be other ways that can help your sister but you need to speak with an attorney that deals in health care issues and possibly estate planning.  Good luck to you all.


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