Serving families throughout Missouri · Licensed in Missouri and Illinois

Missouri Medicaid planning for married couples

Division of Assets Should Be the Beginning of the Analysis, Not the End.

Missouri’s Division of Assets calculation determines what the healthy spouse is automatically allowed to keep. It does not answer the more important question: how much more of the couple’s savings can be protected through a coordinated plan?

Do not begin spending down based only on the initial calculation. Savings above the protected allowance can still be protected when the right steps are completed before filing.

20+ yearsfocused on elder law and Medicaid planning
1,000+ mattersplanning, implementation, and application experience
Attorney ledfrom the first conversation through determination

The 2026 Missouri framework

First determine what the rules protect automatically.

Division of Assets begins by identifying all of the couple’s countable resources, not just the resources owned by the spouse receiving care. Assets owned separately by either spouse are included even when the couple kept them separate during a second marriage. Exempt property is considered separately. The calculation then determines the resource allowance for the healthy spouse and the amount the spouse receiving care can retain.

01

Identify countable resources

Bank and investment accounts, certain retirement assets, annuities, real estate, and other property owned by either spouse must be classified correctly before any calculation is reliable.

02

Separate exempt property

The home and other exempt assets are not treated the same as countable savings. Ownership, occupancy, value, and intended transfers still require careful review.

03

Calculate protected amounts

For 2026, the community spouse allowance generally ranges from $32,532 to $162,660. Effective July 1, 2026, the spouse receiving care can retain up to $6,220.50.

04

Analyze what remains

Resources above the initial protected amounts are not automatically lost. They are the part of the financial picture that requires additional planning before filing.

Resources are not income

Two separate sets of rules protect the spouse at home.

Division of Assets concerns resources such as savings and investments. The couple’s monthly income is analyzed separately. The healthy spouse may retain income in his or her own name and, depending on the facts, may also receive an allocation of the spouse receiving care’s income.

A complete spousal protection plan must coordinate both resources and income. Looking at only one side of the analysis can leave the healthy spouse with less protection than the law allows.

The difference planning can make

The same $500,000 can produce two dramatically different outcomes.

This illustration shows why the basic Division of Assets result should not control the family’s next move.

If the family stops after the Division of Assets

About $331,120 would be lost

Assume a married couple has $500,000 in countable savings. Using the 2026 maximum community spouse allowance of $162,660 and the $6,220.50 allowance for the spouse receiving care, $331,119.50 remains above the initial protected amounts.

  • $162,660 protected for the healthy spouse
  • $6,220.50 retained by the spouse receiving care
  • $331,119.50 in countable resources remains unprotected
  • Nearly two thirds of the savings would be spent down
  • Months or years of avoidable private pay nursing home costs

If the family completes a coordinated plan

Additional savings can be protected

When the facts and available strategy permit, the remaining countable savings can be converted into a protected income stream for the healthy spouse without creating a penalty period. That can preserve nearly all of the couple’s savings while establishing Medicaid eligibility much sooner.

  • Determine the amount that can be protected
  • Establish the plan before an application is filed
  • Complete each legal and financial step in the correct order
  • Document the transactions for Medicaid review
  • Preserve the healthy spouse’s long term financial security
What this means for your family

Countable resources do not necessarily have to be spent.

The Division of Assets calculation is important because it establishes the starting point. But a family that treats the starting point as the final answer can spend hundreds of thousands of dollars that could have been protected.

Jones Elder Law does not simply calculate the allowance and tell the healthy spouse to spend everything above it. We develop a coordinated Spousal Asset Protection Plan™ designed to preserve additional savings, protect available income, and establish the earliest appropriate Medicaid eligibility date.

The family should know the complete protection strategy before money is spent and before the Medicaid application is filed.

From calculation through determination

We carry the plan through instead of leaving the family with a worksheet.

  1. Review every resource and income sourceWe classify the couple’s property, identify exempt assets, and determine which values and ownership details matter.
  2. Calculate the protected starting pointWe determine the applicable spouse allowances and explain exactly what the initial Division of Assets result means.
  3. Build and implement the protection planWe identify lawful steps that can protect additional savings and provide transaction-specific guidance in the proper order.
  4. Prepare and manage the applicationWe file after the plan is complete, respond to agency questions, and advocate through the eligibility determination.
“Jones Elder Law explained the rules in a way we could understand and showed us that the first calculation was not the end of our options. They gave us a clear plan and guided us through every step.”

— Keith, Jones Elder Law client

Missouri Division of Assets questions

Know what the calculation does and what it leaves unanswered.

What is Missouri Medicaid Division of Assets?

Division of Assets is the process used when one spouse needs nursing home Medicaid and the other remains in the community. The couple’s countable resources are identified and the applicable protected amounts are calculated before eligibility is determined.

How much can the healthy spouse keep in 2026?

For 2026, the healthy spouse is generally allowed to keep between $32,532 and $162,660. Effective July 1, 2026, the spouse receiving care can keep up to $6,220.50 in countable resources. The precise result depends on the couple’s countable resources and the applicable Missouri rules.

Does everything above the Division of Assets amount have to be spent on care?

No. The initial calculation identifies the amount automatically protected under the resource rules. It does not determine whether additional lawful planning can protect savings above that amount.

Are income and resources calculated the same way?

No. Division of Assets concerns countable resources. Income is analyzed separately, and the healthy spouse may be entitled to retain income or receive an allocation from the spouse receiving care depending on the facts.

Should we file the Medicaid application as soon as the calculation is complete?

Absolutely not unless you are willing to surrender the healthy spouse’s remaining planning options. Filing while the couple’s countable resources remain above the applicable limits can result in a denial or leave the family spending savings that could have been protected. The protection plan and required transactions should be completed and documented before filing.

Can Jones Elder Law calculate Division of Assets and handle the application?

Yes. The firm reviews the resources and income, develops the protection strategy, tells the family exactly what to do, prepares and files the Medicaid application, and advocates for the family until a decision is made.

Before savings are spent down

Find out what the complete analysis can protect.

Give us the broad financial picture and Rosalind M. Robertson, an elder law attorney, will review the situation and contact you. You do not need to calculate the allowance yourself.

Our goal is to respond within one business day. If a payment or application deadline is approaching, call 636.493.3333.

Please do not include Social Security numbers, account numbers, or other sensitive financial information.

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Do not stop at the first calculation

Find out how much more can be protected.

Start with a complimentary conversation with an elder law attorney before another month of savings is paid to the nursing home.

2085 Bluestone Drive, Suite 204 · St. Charles, Missouri 63303 · Serving families throughout Missouri
Call an elder law attorney · 636.493.3333