Page 71
MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 102 – Non-Financial Requirements Page |71 Effective Month: July 2025 Termination of a Marital Relationship For ABD programs, the marital relationship no longer exists as of the date that: • Either individual dies • A final decree of divorce or annulment is issued for the marriage. o If a divorced couple resumes living together, the specialist must develop whether they have a holding-out relationship. • Either individual begins living with another person as their spouse. • The couple is determined not to be married for Title II purposes if that was the basis for considering the couple married. • The couple begins living in separate households. o When a married couple claims to be living apart, the Specialist should obtain as much information as possible to make a determination as to the couple’s relationship and living arrangement. Such information should include a separate physical address for the estranged spouse. o If the Specialist determines the couple is living apart, each person is treated as an individual. o A couple who are still legally married and resume living together after having lived apart is a married couple, regardless of the reason for having resumed living together. Verification of a Marital Relationship A marital relationship is presumed for an ABD couple unless the client states otherwise and provides the types of evidence listed above which indicate the relationship does not exist or has terminated.