December 1973 Eligibility Requirements Manual

1040.015.20 Community Spouse

The spouse of an institutionalized individual is the ‘community spouse’.  Included in this definition is further limited to the ‘spouse with whom the claimant is living’.  Apply the transfer of property policy to the spouse only if the spouse was married to and living with the claimant at the time of the transfer.  This also includes cases where there is involuntary separation because one member of the couple is out of the home for purposes of receiving medical or nursing home care.