Avoid care home fees by divorcing!

[champchomp]

I know this sounds extreme but I’m thinking ahead. DH is a bit older than me and is having some health problems. We have no mortgage and he has a good pension and savings. I’ve seen instances where a spouse has entered a care home and the other one has struggled to pay the fees and had to sell up and use all the savings. Hypothetically speaking would divorcing and splitting assets protect some of the money and property. I know anything could happen between now and if my husband needs care but it worries me and we have children we would like to help financially if need be. I’d always be there for DH no matter what and visa versa. But financially does it make sense to financially separate/divorce if care is needed for either of us?

The LA’s can go back as many years as they feel appropriate. They know all the tricks people and their families use to try and escape the care home fees. If you want to beat the system you need to give away your assets early and while you’re in good health.

Going back to your question, isn’t it obvious when you think about it that if you divorced he’d have to self-fund?

I dunno, why did you pay for a house? To live in I guess. Same principle isn’t it? You could’ve saved loads by living in a hedge.

why does paying for your ow housing suddenly become optional when you’re old?

anyway as others have said it won’t work. They’re smarter than you.

I think there is a way to leave your money in deeds of trust to your kids before you die so it can’t be taken for care home fees. A few people from work have done it. Has to be done before the 7 years rule though

My Dh has also paid a lot of tax on his earnings…why should his tax fund your care when you have your own savings?
Perhaps the solution is for your children to look after you in your own home thus maintaining your savings which they can inherit..?

I can’t believe what I’m reading. Do people really plot and plan like this out of greed? Shocking

What difference would it make? As a married couple, rule of thumb is that half of your assets, excluding the house as you live in it, are his. And those assets would be used to pay for his care, until run down to the limit at which care is publicly funded. Then if and when you, the OP, need care, your half of the assets, including the house if you go into residential care, pay for your care.

A life interest trust. That would also be looked at by the LA and could be deemed deliberate depot assets if it isn’t set up early. The 7 year rule doesn’t apply to deprivation of assets.

My reading of this is that the OP is concerned that her and her DH's combined savings/assets would be spent on his care. That is not the case. Care is self-funded. This, care costs in old age, is where the whole "family money" schtick so beloved of MNers falls apart. Then it very much becomes her money and his money. So divorce would only achieve what the self-funded care system demands.

Those who don’t have savings etc have everything paid for by the state after spending a lifetime of living of the state.

What a wild assumption. So, people who have worked all their lives but "just got by" and didn't take anything from the state are scroungers in your eyes because they need state funded care? Not everyone in those care homes spent their lives on benefits..

You're not better than anyone else just because your dear husband paid SO MUCH more tax than us peasants 🤣 care for him yourself and get the kids to help then you all keep the money.

Your husband paid a lot of taxes because he earned a lot of money. I’m sure he worked really hard for this money but so did others who were in the ‘wrong’ industries, ie teachers, nurses, etc.

If you don’t want to pay expensive care homes costs then don’t go into a care home, arrange private care at home. Hiding your savings so you don’t pay the care home doesn’t mean the care won’t get paid, it just means that the government will apply a higher levy on the rest of us.

Yes

Ah, missed this.

Yeah, the OP is just at it.

Additionally care fees assessment if you are married. https://www.ageuk.org.uk/siteassets/documents/factsheets/fs39-paying-for-care-in-a-care-home-if-you-have-a-partner.pdf

This. I got flamed here for daring to admit we have an accountant to make us tax efficient. But taking from the state? That’s all good.

My mum has just gone into a nursing home but at the moment doesn’t have to pay as she’s deemed palliative, praying she improves which will mean her house will be sold for care home fees. The amount of work which goes into the care my mother receives is well worth the cost , 24/7 nursing, accommodation , food , personal care I think it’s worth every penny .

I’m not the only person who feels this way. Why are some people so shocked by this. We are looking to protect what we’ve earned. Why should we be penalised for earning and saving and wanting to leave money to our children. Whether you pay for care or the council you get the same care. I hear what you are saying. Our taxes pay for those who can’t afford care but why is that fair to those who have to pay who have already contributed to others via taxes. The whole care system is unfair. A bit like the dentist situation but that’s an argument for another day.

Op- my dh is in the top 0.1% earners. We resent paying inheritance tax because, just like you, we want to leave what we’ve earned to our children. We’ve already had that money taxed full
whack. As you say, we’ve paid our taxes for years and at the highest rate too, to fund people just like you who think it’s for US to pay for YOUR care, so YOUR children are better off!!

Care to try and justify this?

Great idea to leave yourself in a completely vulnerable position with your fate in the hands of the local authority. I can’t see any problems with that whatsoever.

I imagine you will end up in a lovely home with a rose garden and staff with lilac uniforms and not the one that my next door neighbour Sue was in because she gave all her money to her son Lewis so she didn’t have to pay for her care which had a chip in every single cup and only one curtain in her window so she never got a nights sleep again.

If one of you goes into a care home the house is disregarded as far as care home fees are required otherwise the spouse could end up homeless

if you have kids and want to leave them something it’s possibly worth considering splitting the tenancy into 50 -50 and having a life interest trust set up & mirror wills

this mean if one of you dies there half is left to say you’re kids - but they can’t touch it till you die and even if your half of the house has to be sold to pay for your care in the future I the other half would be out of reach of the LA as it’s not yours anymore because of the trust

my parents did this and it wad only a few hundred quid to set up including mirror wills

wheh my mum passed her half was then in a trust for my son but he couldn’t do anything until my father passed away

when my dad did pass away my son inherited both shares of the house
if my dad went into a nursing home and the house had to be sold he would have just inherited my mums half

I hope your Mom gets better soon. I’m glad she is receiving great care. Good to hear. Unfortunately I’m aware of situations where people who need care refuse help because of cost. They can afford it but desperately want to save the money they earned and want to leave it to their children. I’m sure the children would prefer for their parent to be cared for appropriately but sometimes money is a big factor in deciding to go into care or agree to receiving it. Nearly £2000 a week is a huge shock to many and the care they receive isn’t always what is expected. Best wishes to your Mom

But why would you want to waste your last years together selling your home and living apart?

If your children are very keen to have your money when you die, would they be willing to care for you themselves? How badly do they want your money?

She never slept again? every single cup? Yeah right….

I never understand why people would allow the care of loved ones to be at the mercy of the overstretched public pocket if they didn’t have to.

My elderly Mum lives alone in a house she owns outright, and I’m the sole beneficiary of her will. If she ends up needing to go into a care home, I would much rather her assets were used to pay for good quality care, than for me to get a big fat inheritance, while she relied on what the state can afford. I’d happily not see a penny of inheritance if it meant her final months/years could be more comfortable.

My first thought. If my husband was senile and needed care, I’d keep him at home and have carers come a few times a day to change him etc. There really is no need to put your own husband in a home if you’re still able yourself