Spousal Impoverishment Rules in Delaware: CSRA and MMMNA Explained
When one spouse needs long-term care Medicaid in Delaware, the other spouse doesn't have to go broke. Federal spousal impoverishment protections exist specifically to prevent the healthy spouse — called the "community spouse" — from losing everything. But Delaware applies these protections with specific dollar amounts and rules that differ from what you'll read in generic national guides.
The Community Spouse Resource Allowance (CSRA)
The CSRA determines how much in assets the community spouse gets to keep. Delaware uses the 50% split formula:
On the "Snapshot Date" — the first day of a continuous 30-day period of institutionalization or home-based long-term care — DMMA adds up all countable assets owned by both spouses combined. The community spouse keeps half, subject to a floor and ceiling.
For 2026:
- Minimum CSRA: $32,532 — if half the couple's assets is less than this, the community spouse keeps up to $32,532
- Maximum CSRA: $162,660 — if half the couple's assets exceeds this ceiling, the community spouse is capped at $162,660
Everything above the CSRA belongs to the applicant spouse and must be spent down to $2,000.
Example: A couple has $200,000 in combined countable assets. Half is $100,000, which falls between the floor and ceiling. The community spouse keeps $100,000. The remaining $100,000 belongs to the applicant, who must spend it down to $2,000 before Medicaid eligibility kicks in.
Example with the floor: A couple has $40,000 total. Half is $20,000, which is below the $32,532 minimum. The community spouse keeps the full $32,532. The applicant is left with $7,468 to spend down.
The Monthly Maintenance Needs Allowance (MMMNA)
The CSRA protects assets. The MMMNA protects income.
Delaware guarantees the community spouse a minimum monthly income. If the community spouse's own income (Social Security, pension, etc.) falls below this floor, the institutionalized spouse's income can be diverted to make up the difference.
For 2026 (effective July 1):
- MMMNA floor: $2,705 per month
- MMMNA ceiling: $4,066.50 per month
- Excess Shelter Standard: $811.50 per month
If the community spouse's housing costs (rent or mortgage, property taxes, homeowner's insurance, and a standard utility allowance) exceed $811.50 per month, they may qualify for an Excess Shelter Allowance. This pushes their protected income higher — potentially up to the $4,066.50 ceiling.
Example: The community spouse receives $1,800/month in Social Security. The MMMNA floor is $2,705. The shortfall is $905. That amount is diverted from the applicant spouse's income before calculating the applicant's patient liability to the nursing facility.
What About the Community Spouse's Retirement Accounts?
This is one of the most important — and least known — protections in Delaware. Under Delaware policy, the IRAs and 401(k)s belonging to the community spouse are entirely exempt from the applicant's eligibility determination. They don't count toward the CSRA calculation at all.
A community spouse could have $300,000 in a 401(k) and it won't affect the applicant spouse's Medicaid eligibility. Only the applicant's own retirement accounts are countable.
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Strategies to Maximize Spousal Protections
Several approaches can increase the amount the community spouse retains:
Request a higher allowance when justified. If the standard CSRA leaves the community spouse unable to meet the MMMNA, Delaware allows the allowance to be increased in appropriate cases, including through a court order or fair-hearing process.
Front-load exempt purchases. Before the snapshot date, the couple can spend excess countable assets on exempt items — paying down the mortgage, purchasing a prepaid funeral trust ($15,000 per spouse), making home repairs, or buying a newer vehicle (one vehicle of any value is exempt).
Time the snapshot date strategically. Because the snapshot occurs on the first day of a 30-day continuous institutional stay, families who know a nursing home admission is coming can restructure assets before that date to minimize what gets counted.
The Delaware Medicaid Long-Term Care & Asset Protection Guide includes a spousal protection worksheet that calculates your family's specific CSRA and MMMNA, and maps out the spend-down sequence that preserves the maximum amount for the community spouse.
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