### Question
How does the law define institutionalized spouse?


### Answer
Under *42 U.S.C. § 1396r*, **institutionalized spouse** is defined as:

> an individual who—


(A) is in a medical institution or nursing facility or who (at the option of the State) is described in section 1396a(a)(10)(A)(ii)(VI) of this title, and


(B) is married to a spouse who is not in a medical institution or nursing facility

#### Citation:
  - *42 U.S.C. § 1396r*
  - Heading: **CHAPTER 7-SOCIAL SECURITY > SUBCHAPTER XIX-GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS**

