Supreme Court of New Jersey

L.M., Petitioner-Appellant v. State of New Jersey, Division of Medical Assistance and Health Services…

June 7, 1995140 N.J. 480

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded, holding that a pension transferred to an ex‑spouse through a qualified domestic relations order is not "available income" for Medicaid eligibility, so L.M.’s application for benefits should be granted. The Court reasoned that state equitable‑distribution law determines ownership of the pension and that Medicaid regulations consider only income actually received by the applicant.