IM-143 December 5, 2022; IM-130 December 21, 2021; IM-168 December 11, 2020; IM-163 November 26, 2019; IM-68 December 10, 2018; IM-161 December 21, 2017; IM-01 January 4, 2017; IM-05 January 15, 2015; IM-115 December 13, 2013; IM-112 December 28, 2012; IM-102 December 3, 2008; IM-116 December 7, 2007; IM-112 December 14, 2006; IM-145 December 1, 2005; IM-127 December 2, 2004
The spousal share is the greater of the current Minimum Spousal Sharer one half the couple’s combined non-exempt assets not to exceed the current Maximum Spousal Share.
NOTE: The current Minimum and Maximum Spousal Share can be found on MHABD Appendix B.
To determine the spousal share:
- Verify the equity value of all the non-exempt assets owned by the institutionalized and community spouse at the beginning of the first continuous period of institutionalization.
- Divide the total amount by two.
If the equity value of the couple’s total non-exempt assets is less than or equal to the minimum spousal share amount, the spousal share is that minimum amount. The spousal share can never exceed the maximum spousal share amount. Consider any amount over the maximum amount an available resource to the institutionalized spouse.
NOTE: Data used in the examples below is for illustrative purposes only. Examples do not show current annual numbers.
EXAMPLE #1: Mrs. Jones requested an assessment of assets on September 11. Mr. Jones was admitted to a Nursing Facility on September 8 and is likely to remain 30 days. The couple’s total non-exempt assets are $4,000. The spousal share is $27,480. ($4,000 / 2 = $2,000, but the minimum spousal share is $27,480).
EXAMPLE #2: Mr. Big requested an assessment of assets on October 29. Mrs. Big was admitted to a Nursing Facility on October 15 and is likely to remain 30 days. The couple’s total non-exempt assets are $345,000. Mr. Big’s spousal share is $137,400 ($345,000 / 2 = $172,500, but the maximum spousal share is $137,400).
NOTE: In both examples above, the couple is eligible for a Division of Assets because one spouse is in a Nursing Facility. The Division of Assets is used in the eligibility determination for vendor benefits. The Division of Assets is not used when determining eligibility for any non-vendor program.
The spousal share is determined at the beginning of the first continuous period of institutionalization and does not change during any subsequent periods of institutionalization.
Subsequent changes in the amount of assets do not change the spousal share amount. Only adjust the spousal share amount when it is determined that inaccurate or incomplete information was used when the initial calculation was completed. The spousal share may be adjusted as a result of a hearing decision or court order (refer to Section 1030.035.20.05 Increase of Spousal Share in a Fair Hearing).
If the institutionalized spouse has not applied for vendor benefits and the determination of the spousal share is complete, retain the agency copy of the Declaration and Assessment of Assets in the county. After sending each member of the couple a copy of the Declaration and Assessment of Assets, no further action is required until the institutionalized spouse applies for vendor benefits.