What can the spouse at home keep under Florida Medicaid?
DCF's April 2026 standards let the community spouse keep countable assets up to the community spouse resource allowance of $162,660 and receive enough of the applicant's income to reach the minimum monthly maintenance needs allowance of $2,644, or more when shelter costs are high, up to $4,067.
| DCF figure (April 2026) | Amount |
|---|---|
| Monthly income limit, single applicant | $2,982 |
| Countable asset limit, single applicant | $2,000 |
| Personal needs allowance in a nursing home | $160 |
| Community spouse resource allowance (CSRA) | $162,660 |
| Minimum monthly maintenance needs allowance (MMMNA) | $2,644 |
| Maximum community spouse income allowance | $4,067 |
| Home equity cap | $752,000 |
| Divisor for transfer penalties | $10,645 |
Source: Florida DCF transmittal I-26-02-0003 (Feb. 24, 2026), Appendix A-7, SSI-Related Medicaid Financial Eligibility Standards, April 2026.
The home is generally excluded while the spouse lives there, up to the home equity cap, and so is one car.
What is a qualified income trust?
A qualified income trust, often called a Miller trust, is an irrevocable trust into which an applicant whose gross income exceeds $2,982 a month deposits the excess each month, so that Florida's income cap is met for nursing home or home and community-based Medicaid.
The trust must name the State of Florida as remainder beneficiary for Medicaid paid. Setting it up correctly, and funding it every single month, is what makes it work.
How does the look-back work?
DCF reviews gifts and other transfers for less than fair value made in the 60 months before an application, then divides their total value by the penalty divisor, $10,645 in its current table, to set the number of months of ineligibility for nursing home care.
Paying a grandchild for help without a written care agreement, or adding a child to a deed, can count as a transfer. Keep records of every payment for a parent's care.
Do annuities or life insurance count?
They can: cash-value life insurance above small limits counts as an asset, and annuities are counted or excluded depending on whether they meet Medicaid's requirements, including naming the State as a beneficiary in the right position.
Financial products marketed to retirees as 'Medicaid-friendly' should be reviewed by someone who does not earn a commission on them.
When is an elder law attorney worth paying for?
When there is a spouse at home, income above the cap, a home or small business to protect, or gifts made in the last five years, because mistakes in timing can cost months of coverage.
Community Legal Services of Mid-Florida, an ElderSource partner, offers free legal help to eligible older adults, and the Florida Bar's lawyer referral service can find a private elder law attorney.
At a glance
| Florida Medicaid lets a spouse at home | Florida Medicaid does not let a spouse at home | |
|---|---|---|
| Assets | Keep up to $162,660 in countable assets | Keep unlimited savings |
| Income | Receive income up to $2,644, or $4,067 with high shelter costs | Keep all of the applicant's income |
| Home | Stay in the home, which is usually excluded | Ignore the 60-month look-back on gifts |
Sources: Chapters 408, 429 and 651, Florida Statutes; Florida Administrative Code chapters 59A-36 and 65A-2; publications of AHCA, DCF, OIR and the Department of Elder Affairs; and the CareScout and VA tables named on the page. See our editorial standards for how figures are checked.