After a final divorce you apply for New York Medicaid as a household of one, so the single-person limits apply and an ex-spouse’s income and assets are no longer part of your budget. For 2026 the state’s chart lists $1,836 a month in income and $33,038 in resources for one person. Alimony you receive can count as income, and the extra protections for married couples end.
How does divorce change your Medicaid eligibility in NYC?
Medicaid looks at the household. The Department of Health (DOH) chart that county Medicaid offices use has one set of numbers for a household of one and another for two. While you are married and living together, you are usually evaluated as a couple. After the divorce is final, you are a household of one, and what happens to your assets in the settlement decides what is left to count.
Three things change at once. Your limits become the single-person limits. Anything your ex-spouse earns stops being part of your budget, but support they are ordered to pay you becomes your income. And the protections written for a spouse of a nursing home or home care applicant no longer apply to you. Ask HRA to confirm how your case will be budgeted, because a pending divorce or legal separation is different from a final judgment.
What are the 2026 income and asset limits after divorce?
DOH published the 2026 figures in GIS 26 MA/03 and a chart updated in February 2026 (attachment to GIS 26 MA/05). They replace older numbers still quoted online.
The chart is titled for the “non-MAGI” population, the group that covers most older adults and people with disabilities who seek home care.
| 2026 figure (effective January 1, 2026) | Household of one (after divorce) | Household of two (married) |
|---|---|---|
| Medicaid monthly income level | $1,836 | $2,489 |
| Resource level | $33,038 | $44,796 |
| Home equity limit for long-term care | $1,130,000 (applies to nursing home and community-based long-term care) | |
| Standard Medicare Part B premium | $202.90 a month (counted in budgeting) | |
If the judgment gives you the marital home, the home equity limit still applies when you apply for long-term care.
Does alimony count as income for Medicaid, and what is a surplus?
Probably yes. Federal SSI rules, at 20 CFR 416.1121, list alimony and support payments as unearned income, and describe alimony (also called maintenance) as money a court orders one spouse to pay the other in a separation or divorce. HRA applies the state’s own budgeting rules, so ask how your payments will be counted.
If your income is above the limit, you do not necessarily lose Medicaid. HRA runs a Surplus Income Program (see HRA’s Public Health Insurance page). You pay the excess to HRA each month or submit paid or unpaid medical bills to cover it, using the MAP-931Y fax cover sheet. Someone else who pays your surplus must first submit an HRA form; HRA lists the Attestation of Use of Recipient Funds (MAP-3107a) on the same page. Our guides to Medicaid spend-down and the pooled income trust explain both routes. HRA’s own page says that people age 65 or older who take part in a pooled trust need a disability determination on form MAP-3177.
What happens to spousal protections after a divorce?
The special rules that let a healthy spouse keep income and assets when the other needs long-term care are written for spouses. Federal law defines a “community spouse” as the spouse of an institutionalized spouse, which is why the protections stop at a final divorce.
| Rule | While married | After a final divorce |
|---|---|---|
| Assets of the other spouse | Counted together, then protected through the spousal impoverishment rules | Not counted; only what the judgment gave you |
| Community spouse resource allowance | Between $74,820 and $162,660 in 2026 | Does not apply |
| Minimum monthly income for the community spouse | $4,066.50 in 2026 | Does not apply |
Can a divorce settlement trigger a Medicaid transfer penalty?
It can be reviewed. Medicaid asks whether you gave away resources for less than fair value. For nursing home coverage the federal look-back is 60 months, which DOH itself states in its waiver paperwork. New York passed a 30-month look-back for community-based long-term care in April 2020, but DOH’s document shows it depended on federal approval and a later start date. We could not find an official notice confirming whether it is in effect today, so ask HRA or an elder law attorney.
We also could not find an official New York rule saying how a court-ordered property division is treated. In practice, the safest course is to document that the settlement was a real, arm’s-length division and to avoid waiving rights you cannot explain. Do not divorce only to protect assets without legal advice. For a specific case, hire a New York elder law attorney; this page cannot tell you whether your settlement is safe.
How do I tell HRA about a divorce?
- Get certified copies of the divorce judgment and any separation or settlement agreement.
- Send HRA a change request. HRA’s page lists the Consumer/Provider Request to Change Information on File (MAP-751k), and the MAP-751W if you need to attach documents. HRA says the MAP-751W can be faxed to 917-639-0837.
- Call the HRA Helpline at 888-692-6116 if your notice is unclear or you want to confirm that the change was received.
- Tell your Managed Long Term Care plan or home care agency so your care plan and income paperwork match.
- Keep copies of everything and the date you sent it.
- Challenge a wrong decision in time. DOH’s model notice says you have 60 days from the date of the notice to request a fair hearing, and the statewide number is 800-342-3334.
To plan the care side, read how Medicaid covers home care and our NYIA assessment guide. If someone else will manage your finances, see power of attorney and guardianship.
How many hours of care will Medicaid approve after a divorce? A nurse director’s view
Anna Klyauzova, RN, MSN, MPA, Director of Patient Services at ProLife Home Care, on what she sees in practice:
I never promise a family a number of hours before the assessment. Two people with the same diagnosis can need very different amounts of help. The assessment looks at how they manage daily activities, their cognitive state and other individual needs. If the approved hours still look too low, ask for a reassessment.
Don’t wait for a hospital stay or a fall to start looking at Medicaid and home care programs. It is far easier to arrange safe care before things reach a crisis.
Need help with home care while you sort this out?
ProLife Home Care is a licensed agency in Brooklyn and Queens (NY DOH license #2572L001). We can explain home care options and send you to the right specialist for the legal and financial side. Call (718) 232-2777 or use our contact page. If you need care before Medicaid is sorted out, see private home care and the cost of home care.
Checked on 9 October 2026 against DOH GIS 26 MA/03 and 26 MA/05, HRA’s Public Health Insurance page, 42 U.S.C. 1396r-5 and 20 CFR 416.1121. The DOH site blocks automated access, so the PDFs were read from the state’s mirror host. This is general information, not legal advice; divorce and Medicaid rules interact, so talk to a New York elder law attorney about your own case.
Frequently asked questions
What are the 2026 Medicaid income and resource limits for one person in New York?
For the non-MAGI group, DOH lists $1,836 a month in income and $33,038 in resources for a household of one, effective January 1, 2026. A couple’s figures are $2,489 and $44,796.
Does my ex-spouse’s income count after divorce?
Generally no. After a final divorce you are a household of one. Court-ordered alimony or maintenance paid to you, however, is likely to count as your income.
Does alimony count as income for Medicaid in New York?
Under federal SSI rules, alimony and support payments are unearned income. HRA applies state budgeting rules, so ask it how your payments are treated and whether you will have a surplus.
Can I use a pooled income trust if alimony puts me over the limit?
Possibly. HRA references pooled trusts for people age 65 and older, with a disability determination on form MAP-3177. See our pooled income trust guide and confirm with the trust and HRA.
Is a divorce settlement a transfer of assets?
It can be reviewed for fair value. We found no official New York rule that exempts or penalizes a court-ordered property division, so get advice from an elder law attorney before signing a settlement if long-term care is a concern.
Is there a look-back period for home care Medicaid in NYC?
New York passed a 30-month look-back for community-based long-term care in 2020, but we could not confirm an official start date as of October 2026. Nursing home Medicaid uses the 60-month federal look-back. Ask HRA or an attorney for the current status.
