In Washington, couples can use certain resources if one spouse requires long-term care, but the other doesn’t. The other spouse is labeled as a community spouse in Washington and can continue to use certain protected assets, monthly income, and exempt property. However, there are rules and limitations that govern these resources that you will need to understand before moving forward with long-term care for your loved one. So, keep reading to find out how many resources a Washington community spouse can keep and the eligibility requirements and limitations.
Understanding Community Spouse Rules
Washington has spousal impoverishment rules that apply to scenarios where one spouse requires long-term care but the other doesn’t. These rules are there to protect the at-home spouse, otherwise known as the community spouse, from suffering financially as a result of their spouse’s long-term care needs.
So, the community spouse will have access to certain protections so that they do not fall into impoverishment due to Medicaid’s strict income and asset rules.
Income & Asset Protections for the Community Spouse
Long-term care can become incredibly expensive, especially if your spouse’s medical needs continue to progress over time. And even if you have gone through extensive long-term care planning, you may still end up falling short, which can leave the at-home spouse financially vulnerable.
This is where Washington’s community spousal protections come in handy, ensuring the community spouse continues to have access to the financial resources that they need. So, here is a breakdown of the income and asset protections available for married couples in Washington:
- Community spouse resource allowance: Washington allows the community spouse to maintain ownership of half of the couples combined countable assets, otherwise known as the greater half of these assets. Keep in mind that this is capped at $162,660 as of 2026, but this can change year to year.
- Monthly maintenance needs allowance: A community spouse in Washington also has the right to keep 100% of their own income if it’s paid directly in their name. The community spouse’s monthly maintenance needs allowance minimum floor is $2,705 a month and up to a maximum of $4,066.50. If the spouse’s personal income falls below the minimum allowance floor, they could receive a monthly income diversion, also called a spousal allowance.
- Home equity protection: The community spouse can keep their primary home as an exempt asset as long as it doesn’t go over the federal maximum equity limit of $1,130,000. However, for this to apply, the community spouse must live in the home.
- Exempt assets: Along with these specific resources that Washington provides for community spouses, certain assets are also completely exempt. This includes one vehicle that is needed for transportation, burial plots, irrevocable burial funds, and personal and household items.
Planning Strategies for Married Couples
Whether your goal is to protect assets from nursing home costs or to preserve Medicaid eligibility, early long-term care planning is essential. Getting an early start can help you to take advantage of more resources, ensuring both spouses have access to what they need long into the future.
Here are some examples of the different planning strategies married couples can use in Washington to better prepare for their future medical and financial needs:
- Irrevocable Medicaid asset protection trusts: Couples can protect valuable assets and family heirlooms by placing them directly into an irrevocable Medicaid asset protection trust. When you do this, these assets are shielded from Medicaid’s spend-down rules and are no longer personally owned by you or your spouse.
- Power of attorney: Both spouses should have the necessary power of attorney documents in place to prepare for any future medical or financial needs. Power of attorney documents allow you to name an individual who can make important decisions on your behalf if you become incapacitated.
- Wills: Both spouses need to have their own will that includes important legal information as well as their wishes. This allows each spouse to individually plan for their potential long-term care needs.
To learn more about the different types of long-term care strategies you can use, you should consult with an elder law attorney in Spokane, Washington. An attorney can evaluate your situation to determine what strategies you can use to take care of both the spouse who needs long-term care, as well as the spouse who doesn’t.
Common Mistakes Couples Should Avoid
Long-term care and Medicaid planning can be very confusing for couples, which can lead to a variety of mistakes. And when it comes to your long-term care plan, even a small mistake can come with serious consequences.
So, here are some examples of mistakes you should avoid making when planning for the future as a couple:
- Waiting until a crisis occurs to start thinking about your or your spouse’s future long-term care needs.
- Leaving it up to the family to make important medical decisions or expecting them to provide medical care.
- Only planning for the spouse that requires long-term care, forgetting about the needs of the at-home spouse.
- Moving forward with Medicaid without thoroughly understanding the requirements, such as the countable and non-countable assets.
- Failing to discuss your long-term care plan with loved ones, which can cause more stress and confusion later on.
Get In Touch With an Elder Law Attorney Today
If you want to know more about Medicaid’s asset protection for spouses, you should get the help of an elder law attorney in Spokane, Washington, at Legacy Law Group. Contact us today at 509-315-8087 to speak with one of our attorneys to get the process started.
FAQ
Will my spouse lose our home if I go into a nursing home?
No. As long as the home equity is within the federal limits and the community spouse continues to live in the home, it will be completely protected.
Can my spouse keep retirement savings?
Sometimes, yes. This will depend on the specific circumstances, such as your spouse’s individual income and whether or not they qualify for monthly income diversion.
Should married couples plan before long-term care is needed?
Yes. Early Medicaid planning for married couples can enable you to create a more effective plan for both the spouse who needs long-term care and the at-home spouse.
