Sarasota Senior AdvisorHow much can the spouse at home keep under Florida Medicaid?
Under DCF's April 2026 standards the community spouse may keep countable assets up to the community spouse resource allowance of $162,660, and may receive part of the applicant's income to bring his or her own income up to the minimum monthly maintenance needs allowance of $2,644, or more with high shelter costs, up to a cap of $4,067.
The home, one car and personal belongings generally do not count. The maintenance figures change each July 1 and the resource and home equity figures each January 1.
What is a qualified income trust in Florida?
A qualified income trust, sometimes 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 beneficiary of what remains at death, up to Medicaid's payments. Deposits must be made every month; a missed month can mean a missed month of eligibility.
What is Florida's Medicaid look-back and transfer penalty?
Florida reviews transfers of assets for less than fair value during the 60 months before an application, and divides the value of improper transfers by a penalty divisor, $10,645 in DCF's current table, to get the number of months of ineligibility for nursing home care.
Transfers between spouses, and some transfers to a disabled child, are not penalized. The penalty starts only once the person is otherwise eligible and in need of care.
Do I need an elder law attorney in Florida?
Not always, but a Florida elder law attorney is worth consulting when there is a spouse at home, income over the cap, a home or business to protect, or transfers made in the past five years, because mistakes in timing can cost months of coverage.
The Florida Bar's lawyer referral service can suggest attorneys, and some legal aid programs serve low-income seniors free.
Can the community spouse keep the car and the house?
Generally yes: one vehicle, the home where the community spouse lives, household goods and personal effects are excluded from countable assets for Florida Medicaid, along with certain burial funds.
Other real estate, second cars and investment accounts usually count.
At a glance
| Florida's spousal rules protect | Florida's spousal rules do not protect | |
|---|---|---|
| Assets | Up to $162,660 for the community spouse | Unlimited savings |
| Income | A maintenance allowance up to $4,067 | All of the applicant's income |
| Gifts | Transfers between spouses | Gifts to others in the past 60 months |
Sources include Chapters 408, 429 and 651 of the Florida Statutes, Fla. Admin. Code chapters 59A-36 and 65A-2, AHCA, DCF, OIR and Elder Affairs pages, CareScout and VA rate tables as cited above; see our editorial standards.
