New Hampshire Medicaid Spousal Impoverishment 2026 Guide

New Hampshire Medicaid spousal impoverishment rules exist so that when one spouse enters a nursing home and the other stays home, the couple does not have to spend down to nothing. The spouse who stays home keeps a protected share of the couple's savings and a guaranteed floor of monthly income before New Hampshire Medicaid pays for long-term care. In 2026 that protected share runs as high as $162,660, and the income floor as high as $4,067 a month.1

In This Guide

• How New Hampshire Medicaid Spousal Impoverishment Works
• The Protected Resource Amount
• The Monthly Income Allowance
• When the Standard Allowance Isn't Enough
• What the Applicant Spouse Can Keep
• How to Apply in New Hampshire
• Frequently Asked Questions
• Learn More

How New Hampshire Medicaid Spousal Impoverishment Works

When a married person needs nursing-facility care or home- and community-based services through Medicaid, New Hampshire looks at both spouses' finances together. That is the moment many families panic, assuming every dollar must go toward care. It does not. Federal spousal impoverishment law, at 42 U.S.C. 1396r-5, protects the spouse who stays home by reserving a share of the couple's assets and a minimum monthly income before Medicaid begins paying.1

Two terms do the heavy lifting. The spouse who needs care is the institutionalized spouse; the spouse who stays home is the community spouse. New Hampshire shields the community spouse's assets through what it calls the protected resource amount (the federal Community Spouse Resource Allowance) and shields their income through the Minimum Monthly Maintenance Needs Allowance.1

One thing to know up front, because it settles a common worry: New Hampshire applies the federal 2026 figures exactly. It does not shrink the protections, and it does not add a state enhancement on top of them. What is genuinely local is the vocabulary, the way the income allowance is calculated, and the appeal path if the standard result leaves the at-home spouse short.1

The Protected Resource Amount

New Hampshire takes a snapshot of the couple's combined countable resources as of the date the institutionalized spouse's continuous care began. The protected resource amount the community spouse keeps is the highest of three figures:1

• Half of the couple's combined countable resources, up to a maximum of $162,660.1
• A minimum of $32,532, if half the couple's resources falls below that floor.1
• A larger amount set by a court support order or by New Hampshire's Administrative Appeals Unit.1

New Hampshire applies the federal minimum and maximum exactly and uses the federal highest-of default, rather than electing to protect the maximum for every couple.1

The Monthly Income Allowance

The Minimum Monthly Maintenance Needs Allowance is the income floor the community spouse is allowed to keep, so the at-home spouse is not pushed into poverty because their partner's income now goes toward care. In New Hampshire it is built from a base and a shelter add-on:1

• The base allowance is $2,705 a month.1
• On top of the base, the community spouse can add their excess shelter costs, meaning the amount by which their shelter expenses run above $812 a month.1
• The total is capped at $4,067 a month, unless an appeal or a court order sets a higher figure.1

New Hampshire figures the utility part of shelter costs using the state's SNAP Standard Utility Allowance rather than your actual monthly bills, which keeps the calculation consistent from case to case.1

If the community spouse's own income already reaches the allowed figure, no reallocation is needed. If it falls short, New Hampshire lets part of the institutionalized spouse's income be redirected to the at-home spouse to bring them up to the allowance.1

When the Standard Allowance Isn't Enough

Sometimes the standard math still leaves the at-home spouse short of what it actually costs them to live. New Hampshire provides two routes to a higher allowance. An Administrative Appeals Officer can set a larger income allowance where the community spouse faces significant financial duress, and a court support order can set a higher protected amount as well.1

Both routes ask you to document the real numbers, so keep records of the community spouse's actual shelter costs, medical expenses, and income. If the standard allowance does not cover reasonable living expenses, that documentation is what supports a request for more.

What the Applicant Spouse Can Keep

The protections above are for the community spouse. The institutionalized spouse, the one applying for Medicaid, has their own limits.

New Hampshire is an income-cap state for long-term-care Medicaid. In 2026 the income limit is $2,982 a month for the applicant.2 Separately, once the community spouse's protected resource amount is set aside, the applicant's own countable resources must come down to $2,500.3

Those two rules sit alongside the spousal protections rather than replacing them: the couple's resources are split at the snapshot, the community spouse keeps the protected amount, and the applicant spends their remaining countable resources down to the $2,500 limit before Medicaid pays.1,3

How to Apply in New Hampshire

Learn More

Find personalized help protecting an at-home spouse under New Hampshire Medicaid 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.