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4. Exceptions to 1. and 2., above -- Count only those resources owned by the a/b (solely owned, or jointly if normally available according to the availability rules in , I.F.) if one of the following is true: a. A valid court order or divorce settlement divides and disperses resources of the couple. A legal separation agreement is not a court order signed by a judge, and therefore, does not legally divide property. b. The current period of institutionalization began before 10/1/89. There is no spousal resource protection for individuals institutionalized prior to 10/1/89. Effective with the month after the month of entry, count only those resources in which the institutionalized spouse has an ownership interest. Contact your MPR with questions. c. A/B does not have a legal spouse. d. A/B has been continuously separated from the spouse for 12 months or longer as of the date of the current continuous period of institutionalization (CPI): (1) Separation of 12 months or longer may be formal or informal. (2) Accept written or verbal statements of the client or the representative regarding marital status or separation unless questionable or legal spouse denies separation of that length. (a) A copy of legal separation document verifies the date of separation and may be an excellent lead for determining the a/b’s total resources. (b) Written statement from a person knowledgeable of couple’s situation can also be used to verify length of separation. (c) It is not required that the community spouse have been living with the a/b at the time of institutionalization to receive spousal resource protection. (3) A prior period of continuous institutionalization does not count as part of the period of separation. e. The couple has been separated for any length of time and the community spouse cannot be located. (1) If the a/b or the client's representative states that the community spouse's whereabouts are unknown, attempt to locate the community spouse by all of the following: