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Chapter: 2200 Standard Filing Unit Program: MSSI, SFP 32 2240.0604.01 Definition of Spouse (MSSI, SFP) The policy in this section is applicable only to MEDS-AD, Medically Needy, Protected Medicaid, Working Disabled, QMB, SLMB, QI-1, OSS and HCDA. 2240.0604.02 Marital Status (MSSI, SFP) The policy in this section is applicable only to MEDS-AD, Medically Needy, Protected Medicaid, Working Disabled, QMB, SLMB, QI-1, OSS and HCDA.

Finding that an individual is married may preclude eligibility. Therefore, an individual's statement that the individual is married will be accepted. Moreover, where eligibility may be adversely affected if the applicant is married, further development may sometimes be necessary to determine whether a marriage exists despite the individual's denial. 2240.0604.03 Income of Spouse of Eligible Individual (MSSI, SFP) The policy in this section is applicable only to MEDS-AD, Medically Needy, Protected Medicaid, Working Disabled, QMB, SLMB, QI-1, OSS, and HCDA.

Each individual who is at least age 65, blind, or disabled, and whose countable income and assets do not exceed certain prescribed limits will be an eligible individual. If such an eligible individual is living in the same household with a spouse, who is neither aged, blind, nor disabled, the income and assets of the spouse (whether or not available to the individual) are considered in determining the eligible individual's income and assets, except in circumstances where this is deemed inequitable. An aged, blind, or disabled individual who has an eligible spouse may only qualify as an eligible individual if the combined countable income and assets of the couple do not exceed the income and asset limits specified for such couples. 2240.0604.04 Definition of Married (MSSI, SFP) The policy in this section is applicable only to MEDS-AD, Medically Needy, Protected Medicaid, Working Disabled, QMB, SLMB, QI-1, OSS and HCDA.

A man and woman are determined to be married if the following circumstances exist:

1. The parties are living together in a common household and are presenting themselves as husband and wife in the community in which they reside, or they are validly married under the law of the state in which the parties are living (or last lived together if they are separated) at the time the application is filed.

2. Two individuals will be considered "validly" married under the law of the state in which they are living if they were married in a ceremonial marriage anywhere. If the parties started living together without ceremony, but present themselves as husband and wife in the community, they may also be considered "validly" married. This will be true if the state in which they are living together (or the state in which they previously lived together under the same conditions) recognized common-law marriages at a time when they resided within that state.

3. While under the laws of all states there can be a valid marriage only if any prior marriage of either of the parties was terminated, the prior marital history of the parties need not be explored if they are living together and representing themselves as married in the community in which they reside.

4. Moreover, even if the relationship commenced without a ceremony in a state which recognized common-law marriages (or if they resided in such a state after the relationship began), the fact that the parties are living together is normally evidence of their holding themselves out to the community as husband and wife.