If the community spouse qualifies, he or she receives a shelter allowance to the extent that their monthly shelter expenses exceed $766.50.

In addition to the shelter allowance, there is a heating and utility allowance for the community spouse of $664 per month. However, if your shelter expenses exceed $766.50, the excess amount will be added to the minimum income allowance of $2,555 per month. Keep in mind that the income allowance for the community spouse cannot exceed $3,948 per month.

Once the total spousal income allowance has been determined, the community spouse’s own monthly income is deducted from the total allowance. The remaining sum is the amount that is diverted from the income of the patient spouse to the community spouse. If the community spouse’s own income is greater than the income allowance, then all of the patient spouse’s income will be applied to the patient pay amount.

There is no limit on the amount of income that can be earned by the community spouse. Other than determining whether the community spouse is entitled to an income allowance, the community spouse’s income is never used to pay for the patient spouse’s nursing home care.

Before you apply for Medicaid, consult with our elder law attorney to learn how special income rules for married persons affect you and your spouse.