If a husband or wife requires long-term custodial care, then the healthier spouse may be entitled to spousal support. The amount of the spousal support is based upon his or her monthly income and the minimum amount that the healthier spouse should have as income. The minimum amount that the healthier spouse should have is known as the Minimum Monthly Maintenance Needs Allowance, or MMMNA.
Effective July 1, 2021 the MMMNA is $2,177.50. The MMMNA was previously $2,155.00.
There have been additional changes to our Medicaid laws that provide us with an opportunity to increase the amount of the spousal support based upon the shelter expenses incurred by the healthier spouse. According to Medicaid Communication No. 21-05 issued by the New Jersey Division of Medical Assistance and Health Services on August 6, 2021, the amount of the monthly shelter expenses incurred by the healthier spouse that exceeds $653.25 will be added to the spousal support. According to the applicable New Jersey Medicaid regulations, the shelter expenses include rent and mortgage, taxes, homeowner’s insurance, a monthly maintenance charge for a condominium and a standard utility allowance. The current standard utility allowance is $548.00 per month.
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