Divorce and Disability

[fancyfeline]

I live in Tennesse and my husband and I are both on disability. I have non - hodgekins lymphoma and was granted disability in 1994, I was under going chemotherapy and getting ready for bone marrow transplant in 1996, This is when I was offered medicare, as I was insured by state of tennesse under state insurance plan "Tenncare" and had to fight to get approval for bonemarrow transplant I was advised to decline medicare and stay with tenncare, as a result from this advice I am now as of 2009 August , uninsured and in a mess with medicare benifits ... the penalty is so high that it is out of reach for me, but with husbands disability check and my disibilty check they say we draw too much together to recieve state buy in for me. My insurance can take affect as of july 2010 but I only draw 787.00 a month and hubby draws close to 1000.00 after his medicare premium , before premium his check is 1087.00. Now my question is If we divorce right away will this help me fall under the guidelines for state buy in or is this legal and how do I go about this without getting in legal trouble.. I need advice thanks

[Mr. Knowitall]

Are you talking about a sham divorce, where you would go through the divorce process and pretend to be maintaining separate households in order to qualify "separately" for benefits your disqualified from receiving based on total household income?