When a spouse enters into a nursing home facility, a portion of his or her income may be paid to the healthier spouse but it is based upon complex Medicaid rules and regulations. The regulations refer to an award of spousal support based upon a minimum amount known as the Minimum Monthly Maintenance Needs Allowance, or MMMNA. The amount of support is based in part upon the poverty line for a family of two and shelter expenses. There is a maximum amount of support that the healthier spouse can keep known as the maximum MMMNA.
Last year the maximum MMMNA was $3,435.00. That amount has increased by more than 8% this year. The maximum MMMNA for this year is $3,715.50.
Although there is currently a maximum MMMNA there may be an opportunity available for a family to increase the amount of the spousal support. Both federal and state laws allow a greater monthly spousal support if a family court has entered an order concerning the issue of support. Therefore, it is important to consult with a qualified elder law attorney concerning the issue of support when a spouse needs Medicaid assistance to pay for long-term care.
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