In most cases, the community spouse is not required to contribute to nursing home costs, even if they are still working, unless their income exceeds a certain threshold. On the other hand, if the community spouse has a low income, they may be eligible to receive a portion of the institutionalized spouse's income.
In some instances, the surviving spouse may apply for a higher spousal allowance based on the income of the deceased spouse. The maximum spousal year's allowance is one half of the average annual net income of the deceased spouse for the three years immediately prior to the deceased spouse's death.
The Widow's Allowance has been part of North Carolina Law since 1796. Its purpose is to protect the surviving spouse from financial hardship while the estate of the deceased spouse is settled—which can be a long period. Both men and women who are surviving spouses can claim the Widow's Allowance.
Minimum and Maximum Resource Allowance Amounts 2025 Min. and Max. Community Spouse Resource Allowance Figures by State – Effective Jan. 1, 2025 Arizona $31,584 – $157,920 Arkansas $31,584 – $157,920 California N/A – CA has no asset limit (eff. 1/1/24), and therefore, the Community Spouse Resource Allowance is not relevant.48 more rows •
In some instances, the surviving spouse may apply for a higher spousal allowance based on the income of the deceased spouse. The maximum spousal year's allowance is one half of the average annual net income of the deceased spouse for the three years immediately prior to the deceased spouse's death.
At least five years but less than 10 years, the surviving spouse takes 25% of the Total Net Assets. At least 10 years but less than 15 years, the surviving spouse takes 33% of the Total Net Assets. More than 15, the surviving spouse takes 50% of the Total Net Assets.
A Spousal Allowance, technically known as an “Application and Assignment Year's Allowance,” refers to the right that a person has to claim the personal property of his or her spouse after that spouse passes away.
The Community Spouse Resource Allowance (CSRA) is $109,560 and the Minimum Monthly Maintenance Needs Allowance (MMMNA) is $2,739.
(a) Every surviving spouse of a decedent, whether or not the surviving spouse has petitioned for an elective share, shall be entitled to receive an allowance having the value of sixty thousand dollars ($60,000) for the surviving spouse's support for one year after the death of the deceased spouse unless the spouse is ...
A surviving spouse is entitled to a percentage of their spouse's estate. The following percentages apply in North Carolina: If the couple was married for less than 5 years, the surviving spouse gets 15% of total net assets. 25% if the couple was married for more than 5 years, but less than 10 years.