Petitioner and respondent are elderly people who have been married for over 45 years. Respondent, a Medicaid recipient, lives in a nursing home while petitioner continues to reside in the parties' marital residence. It is undisputed that respondent qualifies as an "institutionalized spouse" and petitioner as a "community spouse" (see, Social Services Law § 366-c [2] [a], [b]; 18 NYCRR...
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