Spousal Impoverishment Protections

If you are married and have a spouse who is receiving long-term care in a nursing home, the law permits you to keep a certain amount of monthly income and retain a certain amount of assets regardless if your spouse's long-term costs are being paid by Medicaid. The amount you are allowed to retain is in addition to the family home and other noncounted assets (Department of Workforce Development, Division of Economic Support, Bureau of Welfare Initiatives).

The amount of assets to be protected (called the Community Spouse Asset Share) is calculated based upon their assets at the first time the individual goes into a long-term care medical institution. The caseworker determines the amount to be protected for the community spouse, using the following criteria:

• If the total countable assets of the couple are $203,280.00 or more then the community spouse asset share is $101,640.00.
• If the total countable assets of the couple are less then $203,280.00 but greater than $100,000.00 then the community spouse asset share is half of the total countable assets of the couple.
• If the total countable assets of the couple are $100,000.00 or less then the community spouse asset share is $50,000.00.

You may obtain more information by contacting your county or tribal aging office (http://www.dhfs.state.wi.us/aging/contacts/COAGOF.HTM).

The Department of Health and Family Services also publishes a fact sheet on spousal impoverishment that is available on-line at http://dhfs.wisconsin.gov/medicaid1/recpubs/factsheets/phc10063.htm.

You may want to consider consulting with your local county or tribal aging office or an elder law attorney if you are considering a "Medicaid-friendly" annuity to qualify for Medicaid.