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Calculating the Spousal Share under a MOHealthNetDivision of Assets

Under a Medicaid Division of Assets, a Community Spouse (the Spouse still living in the community) is allowed to protect a portion of the couple’s assets from spend-down, allowing the Institutional Spouse (the Spouse in Care) to qualify for Medicaid without spending all of the family’s assets. The Division allows the Community Spouse to retain assets to continue to live his or her life in the community. The portion assigned to the Community Spouse is known as the Spousal Share.

The Division of Assets (also known as an Assessment of Assets) is a filing with the Department of Social Services (Division of Family Services). A Division of Assets can only be filed for a married couple after the Institutional Spouse has been in care for over 30 consecutive days (hospital, rehabilitation or long-term care).

The Spousal Share is the greater of the current Minimum Spousal Share ($27,480) or one-half the couple’s combined non-exempt assets not to exceed the current Maximum Spousal Share ($137,400).


In order to determine the Spousal Share, determine the equity value of all the non-exempt assets owned by the Institutional 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 Institutional 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 for 30 days. The couple’s total non-exempt assets are $22,000. The Spousal Share is $27,480. ($22,000 / 2 = $11,000, 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 for 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 $137,400).

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