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If a married person is living separate and apart from his/her spouse and they enter into a written agreement dividing the total resources of both spouses equally between them, only the portion the agreement specifies as the customers will be counted in determining/continuing eligibility. The agreement will be effective the month it is signed as long as the spouses were living separate and apart at least part of the month. An agreement cannot be effective for months prior to the date the arrangement was signed. Married persons are considered to be living separate and apart when both spouses are residing in a medical facility. The written agreement must include the following:  A specific listing of all resources being divided and a stated value for each item/resource.  A statement specifying which resources are being given to whom. EXAMPLE: A couple has resources totaling $2,000. The resources consist of $1,000 in savings, $500 in a CD and $500 in stocks. The agreement must specify exactly which resources the agreement is designating as the customer’s, and which are the spouse's. They cannot simply state $1,000 of the total resources belong to the customer and $1,000 belong to the spouse. In this example, an acceptable written agreement would:  Designate to the customer $500 of the savings account and the $500 CD.  Designate to the spouse $500 of the savings account and $500 in stocks. Do not require couples to liquidate resources when considering an equal division. As long as the written agreement specifically designates which resources or a portion of resources belong to the customer and spouse.  The signature of the customer and the customer's spouse or the signature of a legal representative of the customer and the customer's spouse. A legal representative is defined as a person who has legal authority such as a legal guardian, power of attorney, etc. Being an authorized representative does not give that person legal authority. If the spouse of the customer makes a portion of his/her resources available to the customer, that portion will be counted as a resource to the customer. E-245.2.3 Court Order Applicable in the following groups:  Institutional <30  Institutional >30  Home and Community-Based Waivers When a court order equally divides resources between spouses, only the portion the court order specifies as the customers will be counted when determining eligibility, UNLESS the spouse makes a portion of his/her resources available to the customer. The portion made available to the customer will be counted as a resource in determining eligibility. E-245.2.2 Division of Welfare and Supportive Services MAABD INCOME AND BUDGETING Medical Assistance Manual Dividing Resources MTL 09/24 NOV 24