Fredrick P. Niemann, Esq. of Hanlon, Niemann & Wright provides a detailed discussion and important update on New Jersey’s spousal refusal rules in Medicaid planning—an area of law that continues to evolve and often causes confusion for married couples facing long-term care.
In this brief video, Mr. Niemann explains the federal law that allows a community spouse to refuse to financially support an institutionalized spouse, and the specific circumstances under which Medicaid benefits cannot be denied, even when documentation is missing or assets exceed typical limits. He reviews the three statutory situations that permit spousal refusal and how New Jersey applies—and sometimes challenges—those standards.
Mr. Niemann also discusses key New Jersey court decisions and administrative rulings, including the 2019 appellate case that eliminated the state’s estrangement requirement, as well as later cases addressing non-cooperation, hardship, and assignments of spousal support rights. He contrasts New Jersey’s approach with federal court rulings from other states that interpret spousal refusal more broadly.
This video offers clear, practical guidance in plain language, helping families understand when spousal refusal may be available, how the law is currently applied in New Jersey, and why careful legal planning is essential when Medicaid eligibility is at stake.
By Fredrick P. Niemann, Esq., a NJ Medicaid Attorney