In New Jersey, estranged spouses who are still married can remain legally tied for Medicaid, Social Security and estate law purposes under certain circumstances, unless a divorce occurs.
When couples become estranged but never formally divorce, it can create confusion about financial and legal responsibilities — especially when one spouse needs long-term care or dies.
In New Jersey, being legally married carries rights and responsibilities that don’t disappear simply because a couple is living apart. This is particularly important when it comes to Medicaid qualification, Social Security survivor benefits and inheritance rights.
Medicaid and Estranged Spouses in New Jersey
The biggest surprise for many separated couples is that Medicaid doesn’t recognize “estrangement.” If you’re married under New Jersey law, Medicaid will treat you as married for financial eligibility purposes.
- If the Medicaid applicant has been living separate and apart from their spouse for many, many years and they have no idea where he or she may be, Medicaid may consider a waiver of the spouse’s assets and income.
- If the Medicaid applicant has contact information or has a last known address for the spouse, Medicaid can send letters to the spouse requesting financial information. If the spouse refuses to provide or ignores the request, Medicaid may consider a waiver of this information.
- If the Medicaid applicant has contact information and the spouse is cooperative, after a review of their financial information, Medicaid may still consider waiving their financial information for application purposes if the documentation supports that the applicant and spouse have established two separate households, there are no comingled accounts, no assets jointly owned and no financial dependance. Under these circumstances, Medicaid may grant the application excluding the spouse’s income and asset information.
Social Security Survivor Benefits
Social Security is a federal program that, like Medicaid, focuses on marital status, not relationship quality. If you’re still legally married when your spouse dies, you may qualify for survivor benefits, even if you were estranged.
Survivor benefits are paid directly by the Social Security Administration, not through the estate. They are not subject to probate and cannot be blocked by other heirs.
Divorce changes the rules, but even a divorced spouse can qualify for survivor benefits if the marriage lasted at least 10 years.
Estate Rights for Estranged Spouses in New Jersey
New Jersey estate laws protect surviving spouses, even in estranged marriages:
- Elective Share: New Jersey law does not allow spouses to disinherit one another. There is a minimum amount you can leave to a spouse, called the “elective share.” This is a complicated calculation but, for all intents and purposes, it is roughly one-third of the “augmented estate” (the value of the estate minus certain deductions). However, there are conditions to this entitlement, including that the couple must be living together and not legally separated at the time of death.
- Intestate Succession: If there is no will, the rules governing the elective share would also apply.
Estrangement often leaves spouses in a gray area where they are no longer together emotionally or financially but still bound by law. This can have serious consequences if one spouse needs Medicaid, dies or leaves behind significant assets.
Speaking with an experienced elder law and estate planning attorney can help you:
- Understand your rights and obligations as a spouse under New Jersey law
- Protect assets while planning for Medicaid eligibility
- Clarify how Social Security and estate rights apply to your situation
- Decide whether pursuing a legal separation or divorce makes sense
If you or a loved one is in this situation, contact our experienced legal team at TREEL to discuss your options. We can help you navigate the intersection of Medicaid rules, Social Security benefits and estate law so you’re not caught off guard at a critical moment.
