What are the protections against spousal impoverishment?

Medicaid’s “spousal impoverishment protections” make it possible for an individual who needs a nursing home level of care to qualify for Medicaid and receive long-term services and supports, while allowing their married spouse to retain a modest amount of income and resources to pay for rent, food, and medication.

Who does the spousal impoverishment rule protects?

Under the Medicaid spousal impoverishment provisions, a certain amount of the couple’s combined resources is protected for the spouse living in the community.

What is a spousal diversion?

INCOME DIVERSION When a Medicaid applicant is married, the community spouse is allowed to divert the institutionalized spouse’s income to continue and maintain the quality of life that she is accustomed to.

What happens to assets when spouse goes into nursing home?

If you, the community spouse, continue to live in your home, you will not lose it, regardless of the value. In addition to your house being exempt (a non-countable asset for Medicaid eligibility), other assets are also considered exempt. Therefore you are permitted to hold onto them.

What states allow spousal refusal?

While spousal refusal can, for all intents and purposes, be utilized in all states as a Medicaid planning technique, it predominantly has only been allowed by the states of New York and Florida. Connecticut has claimed they do not allow spousal refusal, but it was upheld by a federal court in 2005.

What is included in spousal support?

Spousal support, or alimony, is financial assistance determined by a divorce decree. This support recognizes a partner’s contribution to the marriage, and helps the recipient achieve financial independence. The court will award financial assistance based on factors, such as: The duration of the marriage.

What does spousal refusal mean?

Spousal refusal means that a legally responsible spouse refuses to make his or her assets available to pay for the care of the other spouse. Bear in mind that the ill spouse may have transferred all of his or her assets to the well spouse, in order to become eligible for Medicaid.

Will I lose my house if my husband goes into care?

A: As long as you are living in the marital home no-one will make you sell it and the property value will not be taken into account in determining how much, if anything, your husband must contribute to his care costs. The same applies to an unmarried couple.

What is the 5 year lookback rule?

The general rule is that if a senior applies for Medicaid, is deemed otherwise eligible but is found to have gifted assets within the five-year look-back period, then they will be disqualified from receiving benefits for a certain number of months. This is referred to as the Medicaid penalty period.

Can I refuse to care for elderly spouse?

What is the difference between spousal support and alimony?

They are synonymous and mean the same thing. Alimony is an older, outdated term that is often associated with men supporting women. However, spousal support has nothing to do with gender. It refers to a spouse with the means and resources helping to “support” the other spouse after a divorce.