Many people obtain divorces with the goal of making the ill spouse eligible for Medicaid. This tactic is not always successful. During a divorce, a judge will consider the financial state of both individuals in the marriage, including needs, income and expenditures in order to determine how the marital property will be distributed. In some cases, such equitable distribution ends in the ill spouse still possessing funds that exceed the maximum limit required for Medicaid recipients. As such, it is best to consult with a divorce attorney that is well-versed in Medicaid services before making the decision to divorce for the sole benefit of federal aid.