The Spousal Share is the greater of the current Minimum Spousal Share ($25,284) or one half the couple’s combined non-exempt assets not to exceed the current Maximum Spousal Share ($126,420).
In order to determine the Spousal Share, determine 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.
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 $25,284. ($4,000 / 2 = $2,000, but the Minimum Spousal Share is $25,284).
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 $126,420 ($345,000 / 2 = $172,500, but the Maximum Spousal Share is $126,420).
Missouri Department of Social Services Income Maintenance Manual.