This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Allowance For Spouse Application In Ohio
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Multi-State
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US-00005BG-I
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FAQ
Treatment of Assets for a Couple However, the non-applicant spouse of a Medicaid Nursing Home or Waiver applicant is permitted a Community Spouse Resource Allowance (CSRA). In 2025, the community spouse (the non-applicant spouse) can retain 50% of the couples' assets, up to a maximum of $157,920.
The Community Spouse Resource Allowance (CSRA) is $109,560 and the Minimum Monthly Maintenance Needs Allowance (MMMNA) is $2,739.
This generally allows the surviving spouse to keep one-half (1/2) of the net estate. However, if two (2) two or more of the deceased spouse's children (or their lineal descendants) survive the deceased spouse, then the surviving spouse would receive one-third (1/3) of the net estate.
Generally, a spouse can receive up to half of the estate. If there are more than two children to inherit from the estate, the elective share of the surviving spouse decreases to a third of the overall estate.
Family allowance gives a surviving spouse and children access to a passing spouse or parent's estate in the interim between passing and the distribution of the estate. The family allowance gives spouses and children necessary financial support that is determined by statute in each state.
Regardless of the choices detailed directly above, Ohio law dictates that $40,000.00 is set aside from the assets of an estate if the deceased died leaving a surviving spouse and/or minor children. This is commonly known as a “spousal allowance” or “family allowance”, and is considered a priority claim.
When a spouse dies, the surviving individual is not automatically liable for his or her remaining debts. Generally, an Ohio resident is only liable for a spouse's debt if it was jointly held or if there was some sort of guarantee made on the balance.
An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will.