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F-225.1.3 Division of Welfare and Supportive Services HOME AND COMMUNITY BASED SERVICES Medical Assistance Manual Treatment of Resources 23 Oct 01 MTL 04/23 a. Deeming: Does not apply.
b. Dividing:
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 customer’s is counted in determining eligibility.
The agreement is 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 qualify under the HCBW category.
The written agreement must include the following:
1. A specific listing of all resources being divided.
2. A statement specifying which resources are being given to whom.
Example: A couple has resources totaling $2,000. These resources consist of $1,000 cash 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 belongs to the customer and spouse.
3. 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 re is defined as a person who has legal authority