Delaware Medicaid spousal impoverishment rules protect the at-home spouse when a partner enters nursing home care. The community spouse can keep up to $162,660 in assets and up to $4,066.50 per month in income under the 2026 federal maximums.
How Delaware Medicaid Spousal Impoverishment Works
When one spouse enters a nursing facility or qualifies for a home- and community-based services (HCBS) waiver, Delaware Medicaid applies federal spousal impoverishment protections under 42 USC §1396r-5. These protections have two components: a resource (asset) allowance for the at-home spouse, and an income allowance.
Delaware applies the full federal maximum for both the CSRA and the income allowance, giving couples the strongest protections the law provides.
The at-home spouse is called the community spouse. The spouse entering long-term care is called the institutionalized spouse.
How the Delaware Medicaid Spousal Impoverishment CSRA Works
The Community Spouse Resource Allowance (CSRA) is the amount of countable assets the community spouse keeps when the institutionalized spouse applies for Medicaid long-term care coverage.
The Snapshot Date
Before calculating the CSRA, Delaware takes a snapshot of the couple's total countable assets. That snapshot happens on the first day of a continuous period of institutionalization, typically the date the institutionalized spouse enters a nursing facility for a stay of 30 or more continuous days.
The CSRA is calculated from that frozen snapshot figure, not from the couple's current assets at application. Assets that have grown or declined since the snapshot still produce the CSRA from the original figure.
The Half-of-Assets Formula
Delaware applies the standard federal formula: the community spouse keeps half of the couple's total countable assets, subject to the 2026 federal minimum and maximum.
- Minimum CSRA: $32,532 (if half the couple's assets is less, the community spouse still keeps $32,532)
- Maximum CSRA: $162,660 (if half the couple's assets exceeds this, the community spouse keeps $162,660)
A worked example illustrating the formula:
The figures below are hypothetical and shown only to illustrate how the calculation works. They are not a real case and not a prediction of your own result.
A couple in Wilmington has $200,000 in joint savings at the snapshot date. Half of $200,000 is $100,000, which falls between the $32,532 floor and the $162,660 ceiling, so the community spouse keeps $100,000.
The institutionalized spouse's share is the remaining $100,000. The Medicaid applicant may keep $2,000 of that. The rest ($98,000) must be spent down before Medicaid long-term care coverage begins.
What Counts as a Countable Asset
Both spouses' assets are pooled for the snapshot regardless of whose name is on the account. Countable assets generally include:
- Checking and savings accounts
- CDs and money market funds
- Stocks, bonds, and mutual funds
- Both spouses' IRAs and 401(k)s
- Cash value of life insurance above certain thresholds
- Non-home real estate
Exempt assets (not counted):
- Primary residence (equity up to $752,000 while community spouse lives there)
- One vehicle
- Household goods and personal effects
- Prepaid irrevocable burial contracts
How the MMMNA Works
The Minimum Monthly Maintenance Needs Allowance (MMMNA) sets a floor and ceiling on the monthly income the community spouse may keep.
For 2026:
- Floor (minimum MMMNA): $2,643.75/month (effective 7/1/2025 through 6/30/2026)
- Ceiling (maximum MMMNA): $4,066.50/month (effective 1/1/2026 through 12/31/2026)
Delaware applies the full federal maximum ceiling.
The Name-on-the-Check Rule
Under federal law at 42 USC §1396r-5(b)(2), the community spouse keeps all of her own income regardless of amount. Only the institutionalized spouse's income flows toward the nursing facility cost.
Income Diversion
When the community spouse's own income falls below the MMMNA floor, Delaware allows an income diversion from the institutionalized spouse's income to bring the community spouse up to the floor.
How this works: the institutionalized spouse's income is reduced by the Personal Needs Allowance ($75/month for Delaware nursing facility residents), any Medicare Part B premiums, and other deductions. From the remainder, enough is diverted to the community spouse to meet the MMMNA. The net remaining amount goes to the nursing facility as patient liability. Delaware Medicaid covers the rest of the bill.
Worked example #1 illustrating income diversion:
The figures below are hypothetical and shown only to illustrate how the calculation works. They are not a real case and not a prediction of your own result.
The community spouse receives $1,600/month in Social Security. The MMMNA floor is $2,643.75/month. Her shortfall is $1,043.75/month. The institutionalized spouse receives $2,300/month. After subtracting the $75 PNA and a $185 Medicare Part B premium, $2,040 is available. Of that, $1,043.75 is diverted to the community spouse. The remaining $996.25 goes to the nursing facility as patient liability.
The community spouse's income increases from $1,600 to $2,643.75 per month.
Reaching the MMMNA Ceiling
If the community spouse's actual shelter costs (rent, mortgage, property taxes, insurance, utilities) exceed the federal shelter standard, her income allowance can be increased up to the $4,066.50 ceiling.
The Home
The primary residence is exempt from Medicaid eligibility calculations as long as the community spouse lives there. Delaware's 2026 home equity cap is $752,000. If the home's equity exceeds this and no qualifying relative occupies the property, the excess may count as a resource.
Delaware applies a 60-month look-back on asset transfers before a nursing home application. Consult an elder law attorney about the home if estate recovery or transfer timing is a concern.
The Application Process
Delaware long-term care Medicaid is administered by DMMA. Applications can be submitted:
- Online via ASSIST at assist.dhss.delaware.gov
- In person at DMMA or through the Delaware Aging and Disability Resource Center (DARC)
For a step-by-step walkthrough, see How to Apply for Delaware Medicaid.
Requesting a Resource Assessment
A couple can request a resource assessment to lock in the snapshot date before formally applying for Medicaid. Doing this early, ideally at the time of nursing facility admission, captures the asset picture when documentation is freshest. Contact DMMA to initiate.
Frequently Asked Questions
Your spouse (the community spouse) can keep half the couple's total countable assets at the snapshot date, up to a maximum of $162,660 and at least $32,532 (2026 figures). Your spouse also keeps all of her own income and may receive a diversion from your income to bring her up to $2,643.75/month, with a ceiling of $4,066.50/month.
No. Under federal law (42 USC §1396r-5(b)(2)), the community spouse's income is hers alone and does not count toward the Medicaid applicant's eligibility.
Not while the community spouse lives there. The home is exempt from eligibility calculations with a 2026 equity cap of $752,000. Delaware Medicaid estate recovery can seek repayment from the estate after both spouses have died, but recovery is limited to probate assets. For details, see Delaware Medicaid Estate Recovery.
No. Both spouses' retirement accounts (IRAs, Roth IRAs, 401(k)s) are counted as resources in the snapshot. There is no special retirement account exemption for the community spouse.
The CSRA (Community Spouse Resource Allowance) is the asset protection, up to $162,660 in Delaware for 2026. The MMMNA (Minimum Monthly Maintenance Needs Allowance) is the income protection, up to $4,066.50/month in Delaware for 2026.
Learn More
- Delaware Medicaid: A Guide for Seniors and Families
- How to Apply for Delaware Medicaid
- Delaware Medicaid Estate Recovery
Find personalized help understanding Delaware Medicaid spousal impoverishment rules at brevy.com.
The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.