{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/20-88.02_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/20-88.02_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/20-88.02_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/20-88.02_1.html"}],"law_id":353719,"edition_id":2,"section_id":353719,"structure_id":50639,"section_number":"20-88.02:1","catch_line":"Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions","history":"1994, cc. 836, 952.","full_text":"A\n\nWhenever any court shall determine that any petition for a spousal support order will have the effect of rendering either spouse eligible for medical assistance services or for accelerating eligibility for medical assistance services, and the community spouse is asking for additional resources which will bring his total resources to an amount in excess of the federally established maximum spousal resource allowance:\n\n1\n\nThe court shall not enter the requested spousal support order unless the court first orders the institutionalized spouse to make available the maximum income contribution to the community spouse.\n\n2\n\nThe court must ascertain, when determining additional income in excess of the federally established community spouse minimum monthly maintenance needs allowance, that the increase is necessary due to exceptional circumstances resulting in significant financial duress to the community spouse.\n\n3\n\nWhen determining the amount of any additional resources to be allowed to raise the community spouse&#8217;s income up to either the federally established community spouse minimum monthly maintenance needs allowance or in excess of such minimum monthly maintenance needs allowance, the amount of such additional resources to be allowed shall be the greater of (i) those additional resources necessary to generate an amount sufficient to increase the community spouse&#8217;s income to the applicable monthly needs or income allowance, as the case may be when based on the current earnings of such resources or (ii) the amount necessary, at the time of the court&#8217;s deliberations, to purchase a single premium annuity that would generate monthly income to the community spouse in an amount sufficient to increase the community spouse&#8217;s income to the applicable monthly needs or income allowance, as the case may be.\n\nB\n\nFor the purpose of making the determinations required by this section:\n\t\t\t&#8220;Community spouse&#8221; means the spouse of an individual residing in a medical institution or nursing facility.\n\n\t\t\t&#8220;Federally established maximum spousal resource allowance&#8221; means that amount established as the maximum spousal resource allowance in 42 U.S.C. 1396r-5 (f) (2) (A) as adjusted annually in accordance with 42 U.S.C. 1396r-5 (g).\n\n\t\t\t&#8220;Institutionalized spouse&#8221; means an individual who has been residing in a medical institution or nursing facility for at least thirty consecutive days and who is married to an individual who is not residing in a medical institution or nursing facility.\n\n\t\t\t&#8220;Significant financial duress&#8221; means, but is not limited to, threatened loss of basic shelter, food or medically necessary health care or the financial burden of caring for a disabled child, sibling or other immediate relative.\n\n","order_by":null,"text":{"0":{"id":1317705,"text":"Whenever any court shall determine that any petition for a spousal support order will have the effect of rendering either spouse eligible for medical assistance services or for accelerating eligibility for medical assistance services, and the community spouse is asking for additional resources which will bring his total resources to an amount in excess of the federally established maximum spousal resource allowance:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1317706,"text":"The court shall not enter the requested spousal support order unless the court first orders the institutionalized spouse to make available the maximum income contribution to the community spouse.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1317707,"text":"The court must ascertain, when determining additional income in excess of the federally established community spouse minimum monthly maintenance needs allowance, that the increase is necessary due to exceptional circumstances resulting in significant financial duress to the community spouse.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":1317708,"text":"When determining the amount of any additional resources to be allowed to raise the community spouse&#8217;s income up to either the federally established community spouse minimum monthly maintenance needs allowance or in excess of such minimum monthly maintenance needs allowance, the amount of such additional resources to be allowed shall be the greater of (i) those additional resources necessary to generate an amount sufficient to increase the community spouse&#8217;s income to the applicable monthly needs or income allowance, as the case may be when based on the current earnings of such resources or (ii) the amount necessary, at the time of the court&#8217;s deliberations, to purchase a single premium annuity that would generate monthly income to the community spouse in an amount sufficient to increase the community spouse&#8217;s income to the applicable monthly needs or income allowance, as the case may be.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":1317709,"text":"For the purpose of making the determinations required by this section:\n\t\t\t&#8220;Community spouse&#8221; means the spouse of an individual residing in a medical institution or nursing facility.\t\t\t&#8220;Federally established maximum spousal resource allowance&#8221; means that amount established as the maximum spousal resource allowance in 42 U.S.C. 1396r-5 (f) (2) (A) as adjusted annually in accordance with 42 U.S.C. 1396r-5 (g).\t\t\t&#8220;Institutionalized spouse&#8221; means an individual who has been residing in a medical institution or nursing facility for at least thirty consecutive days and who is married to an individual who is not residing in a medical institution or nursing facility.\t\t\t&#8220;Significant financial duress&#8221; means, but is not limited to, threatened loss of basic shelter, food or medically necessary health care or the financial burden of caring for a disabled child, sibling or other immediate relative.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"ancestry":[{"id":50639,"edition_id":2,"name":"Desertion and Nonsupport","identifier":"5","label":"chapter","depth":2,"order_by":7,"parent_id":50619,"metadata":{"child_laws":40,"child_structures":0},"date_created":"2026-08-02 02:30:33","date_modified":"2026-08-02 12:30:50","permalink":{"id":1405423,"object_type":"structure","relational_id":50639,"identifier":"5","token":"20\/5","url":"\/20\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50619,"edition_id":2,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":56,"parent_id":null,"metadata":{"child_laws":329,"child_structures":36},"date_created":"2026-08-02 02:30:08","date_modified":"2026-08-02 12:30:49","permalink":{"id":1405077,"object_type":"structure","relational_id":50619,"identifier":"20","token":"20","url":"\/20\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":353683,"structure_id":50639,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","url":"\/20-61\/","token":"20\/5\/20-61","metadata":false},{"id":353681,"structure_id":50639,"section_number":"20-61.1","catch_line":"Repealed","url":"\/20-61.1\/","token":"20\/5\/20-61.1","metadata":false},{"id":353682,"structure_id":50639,"section_number":"20-61.3","catch_line":"Consequences of a putative father failing to appear","url":"\/20-61.3\/","token":"20\/5\/20-61.3","metadata":false},{"id":353684,"structure_id":50639,"section_number":"20-62","catch_line":"Commitment to workhouse, city farm or work squad for such desertion","url":"\/20-62\/","token":"20\/5\/20-62","metadata":false},{"id":353685,"structure_id":50639,"section_number":"20-63","catch_line":"Support payments by county or city","url":"\/20-63\/","token":"20\/5\/20-63","metadata":false},{"id":353686,"structure_id":50639,"section_number":"20-64","catch_line":"Proceedings instituted by petition","url":"\/20-64\/","token":"20\/5\/20-64","metadata":false},{"id":353687,"structure_id":50639,"section_number":"20-65","catch_line":"Summons or warrant; investigation and hearing","url":"\/20-65\/","token":"20\/5\/20-65","metadata":false},{"id":353688,"structure_id":50639,"section_number":"20-66","catch_line":"Contempt proceedings; trial in absence of defendant","url":"\/20-66\/","token":"20\/5\/20-66","metadata":false},{"id":353689,"structure_id":50639,"section_number":"20-67","catch_line":"Jurisdiction","url":"\/20-67\/","token":"20\/5\/20-67","metadata":false},{"id":353690,"structure_id":50639,"section_number":"20-68","catch_line":"Appeal","url":"\/20-68\/","token":"20\/5\/20-68","metadata":false},{"id":353691,"structure_id":50639,"section_number":"20-69","catch_line":"Fees of officers","url":"\/20-69\/","token":"20\/5\/20-69","metadata":false},{"id":353692,"structure_id":50639,"section_number":"20-70","catch_line":"No warrant of arrest to issue","url":"\/20-70\/","token":"20\/5\/20-70","metadata":false},{"id":353694,"structure_id":50639,"section_number":"20-71","catch_line":"Temporary orders for support","url":"\/20-71\/","token":"20\/5\/20-71","metadata":false},{"id":353693,"structure_id":50639,"section_number":"20-71.1","catch_line":"Attorneys' fees in proceedings under \u00a7 20-71","url":"\/20-71.1\/","token":"20\/5\/20-71.1","metadata":false},{"id":353695,"structure_id":50639,"section_number":"20-72","catch_line":"Probation on order directing defendant to pay and enter recognizance","url":"\/20-72\/","token":"20\/5\/20-72","metadata":false},{"id":353696,"structure_id":50639,"section_number":"20-73","catch_line":"Condition of the recognizance","url":"\/20-73\/","token":"20\/5\/20-73","metadata":false},{"id":353697,"structure_id":50639,"section_number":"20-74","catch_line":"Support orders to remain in effect until annulled; modification","url":"\/20-74\/","token":"20\/5\/20-74","metadata":false},{"id":353698,"structure_id":50639,"section_number":"20-75","catch_line":"Procedure when accused outside territorial jurisdiction","url":"\/20-75\/","token":"20\/5\/20-75","metadata":false},{"id":353699,"structure_id":50639,"section_number":"20-76","catch_line":"Repealed","url":"\/20-76\/","token":"20\/5\/20-76","metadata":false},{"id":353700,"structure_id":50639,"section_number":"20-77","catch_line":"When authority to suspend sentence may be exercised; deduction of certain time from sentence","url":"\/20-77\/","token":"20\/5\/20-77","metadata":false},{"id":353703,"structure_id":50639,"section_number":"20-78","catch_line":"Continuance of failure to support after completion of sentence","url":"\/20-78\/","token":"20\/5\/20-78","metadata":{"court_decisions":{"0":{"name":"Lisa J. Wills v. W. Neil Wills","case_number":"0144204","citation":null,"date":"2021-02-09","url":"https:\/\/www.courtlistener.com\/opinion\/4854921\/lisa-j-wills-v-w-neil-wills\/","abstract":" .\u202f.\u202f. COURT OF APPEALS OF VIRGINIA .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"1":{"name":"Vinnedge v. Gibbs","case_number":"77-2248","citation":"571 F.2d 579","date":"1978-03-20","url":"https:\/\/www.courtlistener.com\/opinion\/353542\/vinnedge-v-gibbs\/","abstract":" .\u202f.\u202f. 571 F.2d 579 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"2":{"name":"Wills v. Wills (ORDER)","case_number":"210318","citation":null,"date":"2022-04-07","url":"https:\/\/www.courtlistener.com\/opinion\/6459328\/wills-v-wills-order\/","abstract":" .\u202f.\u202f. VIRGINIA: .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"3":{"name":"W. Neil Wills v. Lisa J. Wills","case_number":"0117204","citation":null,"date":"2021-02-09","url":"https:\/\/www.courtlistener.com\/opinion\/4854919\/w-neil-wills-v-lisa-j-wills\/","abstract":" .\u202f.\u202f. COURT OF APPEALS OF VIRGINIA .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"4":{"name":"Arthur G. Kahn v. Eileen McNicholas","case_number":"0982164","citation":"67 Va. App. 215","date":"2017-01-31","url":"https:\/\/www.courtlistener.com\/opinion\/4343925\/arthur-g-kahn-v-eileen-mcnicholas\/","abstract":" .\u202f.\u202f. *220 .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"5":{"name":"Chattin v. Chattin","case_number":"Record 920653","citation":"427 S.E.2d 347","date":"1993-02-26","url":"https:\/\/www.courtlistener.com\/opinion\/1262965\/chattin-v-chattin\/","abstract":" .\u202f.\u202f. 427 S.E.2d 347 (1993) .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"6":{"name":"Butler v. Butler","case_number":"Record 790350","citation":"277 S.E.2d 180","date":"1981-04-24","url":"https:\/\/www.courtlistener.com\/opinion\/1309919\/butler-v-butler\/","abstract":" .\u202f.\u202f. 277 S.E.2d 180 (1981) .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"7":{"name":"Gregory Warren Beaver v. J.D. Netherland, Warden","case_number":"95-4003","citation":"101 F.3d 977","date":"1996-11-12","url":"https:\/\/www.courtlistener.com\/opinion\/730846\/gregory-warren-beaver-v-jd-netherland-warden\/","abstract":" .\u202f.\u202f. *978AMENDED ORDER .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"8":{"name":"Ford v. Purvis","case_number":"78-6321","citation":"584 F.2d 976","date":"1978-09-20","url":"https:\/\/www.courtlistener.com\/opinion\/360041\/ford-v-purvis\/","abstract":" .\u202f.\u202f. 584 F.2d 976 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"9":{"name":"Cogdell, in Re","case_number":"78-6586","citation":"588 F.2d 1347","date":"1978-12-20","url":"https:\/\/www.courtlistener.com\/opinion\/361969\/cogdell-in-re\/","abstract":" .\u202f.\u202f. 588 F.2d 1347 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"}}}},{"id":353701,"structure_id":50639,"section_number":"20-78.1","catch_line":"Effect of entry of support order in certain garnishment proceedings","url":"\/20-78.1\/","token":"20\/5\/20-78.1","metadata":false},{"id":353702,"structure_id":50639,"section_number":"20-78.2","catch_line":"Attorney fees and interest on support arrearage","url":"\/20-78.2\/","token":"20\/5\/20-78.2","metadata":false},{"id":353707,"structure_id":50639,"section_number":"20-79","catch_line":"Effect of divorce proceedings","url":"\/20-79\/","token":"20\/5\/20-79","metadata":false},{"id":353704,"structure_id":50639,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","url":"\/20-79.1\/","token":"20\/5\/20-79.1","metadata":false},{"id":353705,"structure_id":50639,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","url":"\/20-79.2\/","token":"20\/5\/20-79.2","metadata":false},{"id":353706,"structure_id":50639,"section_number":"20-79.3","catch_line":"Information required in income deduction order","url":"\/20-79.3\/","token":"20\/5\/20-79.3","metadata":false},{"id":353708,"structure_id":50639,"section_number":"20-80","catch_line":"Violation of orders; trial; forfeiture of recognizance","url":"\/20-80\/","token":"20\/5\/20-80","metadata":false},{"id":353709,"structure_id":50639,"section_number":"20-81","catch_line":"Presumptions as to desertion and abandonment","url":"\/20-81\/","token":"20\/5\/20-81","metadata":false},{"id":353710,"structure_id":50639,"section_number":"20-82","catch_line":"Spouses competent as witnesses","url":"\/20-82\/","token":"20\/5\/20-82","metadata":false},{"id":353712,"structure_id":50639,"section_number":"20-83","catch_line":"Venue of offense","url":"\/20-83\/","token":"20\/5\/20-83","metadata":false},{"id":353711,"structure_id":50639,"section_number":"20-83.1","catch_line":"Transfer of cases between courts in certain instances","url":"\/20-83.1\/","token":"20\/5\/20-83.1","metadata":false},{"id":353713,"structure_id":50639,"section_number":"20-84","catch_line":"Extradition","url":"\/20-84\/","token":"20\/5\/20-84","metadata":false},{"id":353714,"structure_id":50639,"section_number":"20-85","catch_line":"Repealed","url":"\/20-85\/","token":"20\/5\/20-85","metadata":false},{"id":353716,"structure_id":50639,"section_number":"20-87","catch_line":"Arrest for violating directions, rules or regulations given by judge","url":"\/20-87\/","token":"20\/5\/20-87","metadata":false},{"id":353715,"structure_id":50639,"section_number":"20-87.1","catch_line":"Repealed","url":"\/20-87.1\/","token":"20\/5\/20-87.1","metadata":false},{"id":353799,"structure_id":50639,"section_number":"20-88","catch_line":"Support of parents by children","url":"\/20-88\/","token":"20\/5\/20-88","metadata":false},{"id":353717,"structure_id":50639,"section_number":"20-88.01","catch_line":"Repealed","url":"\/20-88.01\/","token":"20\/5\/20-88.01","metadata":false},{"id":353718,"structure_id":50639,"section_number":"20-88.02","catch_line":"Transfer of assets to qualify for assistance; liability of transferees","url":"\/20-88.02\/","token":"20\/5\/20-88.02","metadata":false},{"id":353719,"structure_id":50639,"section_number":"20-88.02:1","catch_line":"Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions","url":"\/20-88.02_1\/","token":"20\/5\/20-88.02_1","metadata":false}],"previous_section":{"id":353718,"structure_id":50639,"section_number":"20-88.02","catch_line":"Transfer of assets to qualify for assistance; liability of transferees","url":"\/20-88.02\/","token":"20\/5\/20-88.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-88.02:1\/","history_text":"<p>This law was first created in 1994. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0836\">836<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0952\">952<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1405581,"object_type":"law","relational_id":353719,"identifier":"20-88.02:1","token":"20\/5\/20-88.02_1","url":"\/20-88.02_1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/20-88.02_1\/","token":"20\/5\/20-88.02_1","dublin_core":{"Title":"Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-88.02:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whenever any <span class=\"dictionary\">court<\/span> shall determine that any <span class=\"dictionary\">petition<\/span> for a spousal support <span class=\"dictionary\">order<\/span> will have the effect of rendering either spouse eligible for medical assistance services or for accelerating eligibility for medical assistance services, and the <span class=\"dictionary\">community spouse<\/span> is asking for additional resources which will bring his total resources to an amount in excess of the <span class=\"dictionary\">federally established maximum spousal resource allowance<\/span>: <a id=\"paragraph-1317705\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-88.02_1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">court<\/span> shall not enter the requested spousal support <span class=\"dictionary\">order<\/span> unless the <span class=\"dictionary\">court<\/span> first <span class=\"dictionary\">orders<\/span> the <span class=\"dictionary\">institutionalized spouse<\/span> to make available the maximum income contribution to the <span class=\"dictionary\">community spouse<\/span>. <a id=\"paragraph-1317706\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-88.02_1\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">court<\/span> must ascertain, when determining additional income in excess of the federally established <span class=\"dictionary\">community spouse<\/span> minimum monthly maintenance needs allowance, that the increase is necessary due to exceptional circumstances resulting in significant financial duress to the <span class=\"dictionary\">community spouse<\/span>. <a id=\"paragraph-1317707\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-88.02_1\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> When determining the amount of any additional resources to be allowed to raise the <span class=\"dictionary\">community spouse<\/span>&#8217;s income up to either the federally established <span class=\"dictionary\">community spouse<\/span> minimum monthly maintenance needs allowance or in excess of such minimum monthly maintenance needs allowance, the amount of such additional resources to be allowed shall be the greater of (i) those additional resources necessary to generate an amount sufficient to increase the <span class=\"dictionary\">community spouse<\/span>&#8217;s income to the applicable monthly needs or income allowance, as the case may be when based on the current earnings of such resources or (ii) the amount necessary, at the time of the <span class=\"dictionary\">court<\/span>&#8217;s <span class=\"dictionary\">deliberations<\/span>, to purchase a single premium annuity that would generate monthly income to the <span class=\"dictionary\">community spouse<\/span> in an amount sufficient to increase the <span class=\"dictionary\">community spouse<\/span>&#8217;s income to the applicable monthly needs or income allowance, as the case may be. <a id=\"paragraph-1317708\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-88.02_1\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> For the purpose of making the determinations required by this section:\n\t\t\t&#8220;<span class=\"dictionary\">Community spouse<\/span>&#8221; means the spouse of an individual residing in a medical institution or nursing facility.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Federally established maximum spousal resource allowance<\/span>&#8221; means that amount established as the maximum spousal resource allowance in 42 U.S.C. 1396r-5 (f) (2) (A) as adjusted annually in accordance with 42 U.S.C. 1396r-5 (g).<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Institutionalized spouse<\/span>&#8221; means an individual who has been residing in a medical institution or nursing facility for at least thirty consecutive days and who is married to an individual who is not residing in a medical institution or nursing facility.<br \/><br \/>\t\t\t&#8220;Significant financial duress&#8221; means, but is not limited to, threatened loss of basic shelter, food or medically necessary health care or the financial burden of caring for a disabled child, sibling or other immediate relative. <a id=\"paragraph-1317709\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-88.02_1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLIMITATIONS ON SPOUSAL SUPPORT ORDERS RESULTING IN ELIGIBILITY FOR MEDICAL\nASSISTANCE SERVICES; DEFINITIONS (\u00a7 20-88.02:1)\n\nA. Whenever any court shall determine that any petition for a spousal support\norder will have the effect of rendering either spouse eligible for medical\nassistance services or for accelerating eligibility for medical assistance\nservices, and the community spouse is asking for additional resources which will\nbring his total resources to an amount in excess of the federally established\nmaximum spousal resource allowance:\n\n   1. The court shall not enter the requested spousal support order unless the\n   court first orders the institutionalized spouse to make available the maximum\n   income contribution to the community spouse.\n\n   2. The court must ascertain, when determining additional income in excess of\n   the federally established community spouse minimum monthly maintenance needs\n   allowance, that the increase is necessary due to exceptional circumstances\n   resulting in significant financial duress to the community spouse.\n\n   3. When determining the amount of any additional resources to be allowed to\n   raise the community spouse&#8217;s income up to either the federally\n   established community spouse minimum monthly maintenance needs allowance or in\n   excess of such minimum monthly maintenance needs allowance, the amount of such\n   additional resources to be allowed shall be the greater of (i) those\n   additional resources necessary to generate an amount sufficient to increase\n   the community spouse&#8217;s income to the applicable monthly needs or income\n   allowance, as the case may be when based on the current earnings of such\n   resources or (ii) the amount necessary, at the time of the court&#8217;s\n   deliberations, to purchase a single premium annuity that would generate\n   monthly income to the community spouse in an amount sufficient to increase the\n   community spouse&#8217;s income to the applicable monthly needs or income\n   allowance, as the case may be.\n\nB. For the purpose of making the determinations required by this section:\n\t\t\t&#8220;Community spouse&#8221; means the spouse of an individual residing in\na medical institution or nursing facility.\t\t\t&#8220;Federally established\nmaximum spousal resource allowance&#8221; means that amount established as the\nmaximum spousal resource allowance in 42 U.S.C. 1396r-5 (f) (2) (A) as adjusted\nannually in accordance with 42 U.S.C. 1396r-5 (g).\t\t\t&#8220;Institutionalized\nspouse&#8221; means an individual who has been residing in a medical institution\nor nursing facility for at least thirty consecutive days and who is married to\nan individual who is not residing in a medical institution or nursing\nfacility.\t\t\t&#8220;Significant financial duress&#8221; means, but is not limited\nto, threatened loss of basic shelter, food or medically necessary health care or\nthe financial burden of caring for a disabled child, sibling or other immediate\nrelative.\n\nHISTORY: 1994, cc. 836, 952.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}