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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 102 – Non-Financial Requirements Page |72 Effective Month: September 2018 Changes in Marital Status A couple is married for a month if they meet any of the criteria for a marital relationship within the month. When a change occurs and an individual marries, resumes living with a spouse, enters a “holding out” relationship, etc., use couple budgeting beginning the month of the marriage. An increase in benefits can be effective immediately if policy otherwise allows it. Adverse action rules apply when ineligibility or a decrease in benefits results for a recipient. Termination of marriage is effective the month after the month of a death, divorce, annulment or separation. NOTE: For the spousal impoverishment allocation, the couple must be legally married under state law or in a common-law marriage which began prior to April 1, 1956. The spousal impoverishment allocation is not applicable to couples in “holding-out” situations which began on or after April 1, 1956. MAGI-Related Programs Definition of a Marital Relationship A marital relationship is one in which members of the couple are: • Married under State law. • Married under common law prior to April 1, 1956, as recognized by MS. Couples in “holding out” situations are unrelated individuals for MAGI purposes. Termination of a Marital Relationship The marital relationship no longer exists for MAGI purposes 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 adults are unrelated. • The married couple begins living in separate households. • Legally married couples who resume living together after having lived apart are treated as a married couple, regardless of the reason for having resumed living together.