Fort Myers Senior AdvisorHow much can the spouse at home keep under Florida Medicaid?
In 2026 the community spouse can keep countable assets up to the Community Spouse Resource Allowance of $162,660, plus the home, one car and personal belongings, while the spouse needing care keeps up to $2,000.
Retirement accounts, bank accounts and investment property count toward the limits. Irrevocable burial arrangements and certain annuities are treated differently; that is where professional advice pays for itself.
Can the spouse at home receive part of the applicant's income?
Yes: if the community spouse's own income is below the minimum monthly maintenance needs allowance of $2,644, part of the institutionalized spouse's income can be diverted to bring it up, with a higher allowance possible for high shelter costs up to $4,067.
The rest of the applicant's income, minus a personal needs allowance of $160 in a nursing home, goes toward the cost of care, which Medicaid then supplements.
What is Florida's Medicaid look-back period?
DCF reviews asset transfers made in the 60 months before a long-term care application, and gifts or sales below fair value can create a penalty period of ineligibility calculated by dividing the uncompensated value by $10,645, Florida's 2026 average monthly nursing home cost figure.
Gifts to grandchildren for tuition, a car signed over to a son, or a house deeded to a daughter can all be transfers. Keep records of every large withdrawal.
Is it legal to plan for Medicaid in Florida?
Yes: using the exemptions and spousal rules Florida law provides, such as spending on care, home repairs, prepaid funerals or a properly structured Qualified Income Trust, is legal; hiding assets or misstating facts on an application is not.
Planning done a year or two ahead has far more options than planning done the week of a nursing home admission.
When should a Lee County family see an elder law attorney?
See one when a spouse may need nursing home care, when income is above $2,982 a month, when large gifts were made in the last five years, or when a home or business must be protected, and ideally before a crisis rather than after.
The Florida Bar's Elder Law Section certifies specialists. Free help understanding options is also available through the Area Agency on Aging for Southwest Florida at 1-866-413-5337.
The short version
| Florida spousal rules protect | Florida spousal rules do not protect | |
|---|---|---|
| Assets | Up to $162,660 for the community spouse | Unlimited savings |
| Income | A monthly allowance up to $4,067 | Every dollar of the applicant's income |
| Transfers | Exempt transfers such as to a spouse | Gifts made inside the five-year look-back |
Built from Chapters 400, 408, 429 and 651 of the Florida Statutes, Fla. Admin. Code chapters 59A-4, 59A-36 and 65A-2, and AHCA, DCF, OIR, Elder Affairs, CMS, VA and CareScout publications cited on the page; see our editorial standards.
