Elder Law Answers Elder Law Answers

Search Articles

Find Attorneys

Does Medicaid Count a Spouse's 401(k) When Determining Eligibility?

  • April 13th, 2018
Q
Is the community spouse's 401(k) considered an asset when the state determines an applicant's eligibility for Medicaid?
A

That depends on the state. For example, in Massachusetts the answer is "yes" -- 401(k)s and IRAs are counted like any other asset. But in some other states, the spouse’s retirement assets may not be counted. There is one rare exception in Massachusetts: If the spouse is still working and the retirement plan is connected with her employment, then the retirement plan won’t be counted. Given that the rules differ from state to state and that sometimes various exceptions do apply, you will need to consult with a local elder law attorney to be certain. To find one near you, go here: https://www.elderlawanswers.com/USA-elder-law-attorneys.

Local Elder Law Attorneys in Ashburn, VA

Samantha Fredieu

Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA

Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA

Jeffrey Hammond

Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD


Last Modified: 04/13/2018

Learn More

View All Elder Law Topics Questions & Answers State Medicaid Information