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Elder Care & Medicaid Planning

Spousal Refusal (NY/FL) — Community Spouse Keeps Assets

In select states, the well spouse refuses to contribute — Medicaid must cover institutionalized spouse, may sue later.

Overview

In New York and Florida (limited use), the community (well) spouse can execute a Spousal Refusal declining to contribute income/assets toward the ill spouse's care. Medicaid MUST provide benefits regardless. The state has a right to sue the refusing spouse but recovery is often negotiated at 50–70% discount, or waived at second death. Especially powerful when combined with retitling assets to the community spouse before application.

Best fit
NY/FL married couplesCommunity spouse with substantial assetsEmergency Medicaid planning
Estimated impact
$200K–$500K+ of community spouse assets protected

Click Generate advisory deep dive for mechanics, IRC citations, a step-by-step execution plan, a worked numeric example on your profile, costs, risks, and this-week actions.

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