Notwithstanding ch. 766, for the purposes of sub. (4), the following criteria apply in determining the income of an institutionalized spouse or a community spouse: 1.
(1)#
Except as determined under subd. 2. or 3., unless the instrument providing the income specifically provides otherwise: a. Income paid solely in the name of one spouse is considered to be available only to that spouse. b. Income paid in the names of both spouses is considered to be available one-half to each spouse. c. Income paid in the name of either or both spouses and to one or more other persons is considered to be available to each spouse in proportion to the spouse’s interest or, if payment is made to both spouses and each spouse’s individual interest is not specified, one-half of the joint interest is considered to be available to each spouse.
(1)(a)#
Income paid solely in the name of one spouse is considered to be available only to that spouse.
(1)(b)#
Income paid in the names of both spouses is considered to be available one-half to each spouse.
(1)(c)#
Income paid in the name of either or both spouses and to one or more other persons is considered to be available to each spouse in proportion to the spouse’s interest or, if payment is made to both spouses and each spouse’s individual interest is not specified, one-half of the joint interest is considered to be available to each spouse.
(2)#
Except as provided in subd. 3., if there is no trust or other instrument establishing ownership, income received by a couple is considered to be available one-half to each spouse.
(3)#
Subdivisions 1. and 2. do not apply to income other than income from a trust if the institutionalized spouse establishes, by a preponderance of the evidence, that the ownership interests in the income are other than as provided in subds. 1. and 2.