TN 5 (04-90)

RS 01301.200 One-Half Support — Spouse or Surviving Spouse Cases - Spouses Living Together

A. Policy - general

When husband and wife are living together, assume they share equally, in terms of support, in all income received into the household regardless of their individual incomes.

B. Policy - outside income

1. Assumption

In determining the individual incomes of the husband and wife when they live together, assume in the absence of evidence to the contrary (e.g., long term incapacity of a spouse) that they have an equal share in all outside income.

2. Examples

Outside income (as used here) includes:

  • Income from jointly - owned property

  • Income from roomers and/or boarders

  • Withdrawals from joint savings accounts

  • Contributions from third parties

  • Member of the military dependents' allowance

3. Non-examples

It does not include income received through their individual efforts, such as income from services, pensions, royalties, income from individually-owned property, etc.

C. Procedure

Unless there is evidence to the contrary, compute the support of the spouse as follows:

Step Action
1 Ascertain the total individual incomes of husband and wife from all sources,
2 Exclude from this total amounts not used for the support of either, e.g., extraordinary expenses, and
3 Divide balance equally between husband and wife.
The pro rata share resulting from Step 3 is the support received by the claimant spouse. If the claimant's income is one-half or less than this amount, the claimant received one-half support from the NH.

D. Reference

RS 01301.020 - Considering the Period in Determining Support for Stepchildren

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RS 01301.200 - One-Half Support — Spouse or Surviving Spouse Cases - Spouses Living Together - 01/24/2017
Batch run: 01/24/2017