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How to Protect a Spouse When Going on MassHealth


This is an important concern. You need the benefits of MassHealth to pay for your long-term care and your spouse needs to continue to live in the community.

How Medicaid evaluates assets of a community spouse

If one spouse goes into nursing home care and applies for Medicaid/MassHealth and the other spouse stays home, then the at-home spouse, called the “Community Spouse”, can keep up to $162,660 in assets under the 2026 MassHealth figures. 

The allowed allotment changes annually.

However, if the community spouse later needs to enter a care facility, that asset limit number drops right down to $2,000. So they have to spend all the money from previous assets on their own nursing home care. This is why protecting money in a proper Trust can be so valuable.

Let a Professional Help You With MassHealth

Do not let the expense of long-term care result in all of your hard-earned assets going to the government. Instead, be proactive and plan for the future.

We can review your financial structure and all your legal options. Our team will strategize with you and your spouse to enable you to keep as many assets as possible, devise ways to pass on your wealth to beneficiaries, and determine the proper approach if you have a need for MassHealth or other services later on.

Your Next Step: A Free 15-Minute Call

If your spouse is heading into care, you do not have to work this out on your own. On a free 15-minute consult call, Nicole Ott, our Lead Intake Coordinator, will listen to what is going on, ask a few questions about your spouse’s care and what the two of you own, and help you figure out the right next step. If it makes sense to go further, she will explain what working with us would look like. There is no charge and no pressure, and you will come away knowing what to do next.

Michael Monteforte, Jr.

Michael Monteforte, Jr.

Founding Attorney

Michael Monteforte, Jr. is the founding attorney of Monteforte Law, P.C., an estate planning and elder law firm in Woburn, Massachusetts. He was admitted to the Supreme Judicial Court of Massachusetts in January 2002 and to federal practice in the U.S. District Court, District of Massachusetts, in March 2006. He has practiced estate planning and elder law in Massachusetts for over twenty years.

Monteforte Law Team

Still Not Sure Where to Begin?

You don’t need to have it all figured out. You just need a guide. Start with one step, and we’ll walk you through the rest.