Illinois Spousal Income Allowance: the facts
2026 law · reviewed September 4, 2026
- Once a spouse is on Illinois Medicaid in a nursing home, their income goes to the facility as the patient's share, less a personal needs allowance of $60 a month, and less whatever the spouse at home is allowed to keep.
- Illinois grants the spouse at home the maximum monthly maintenance needs allowance the federal rules permit, $4,066.50 a month for 2026: if the spouse at home's own income is below it, the difference is shifted from the spouse in care before the facility is paid.
- Example: the spouse at home has $1,500 a month of their own; the spouse in care has $4,000. $2,566.50 shifts to the spouse at home, bringing them to $4,066.50; the spouse in care keeps $60; the facility receives $1,373.50.
- The spouse at home's own income is never taken: the name-on-the-check rule. Only the institutionalized spouse's income is divided.
- If the spouse in care's income is too small to bring the spouse at home up to the allowance, the shortfall can justify keeping more assets (a higher resource allowance) at a fair hearing, which is where an elder-law attorney earns the fee.
- The allowance is a floor, not a ceiling: a spouse at home whose own income already exceeds it keeps all of it and receives nothing from the spouse in care.
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