Finding love later in life may be unexpected and exciting, but should it lead to marriage?
The considerations are much different for an
older couple with adult children and retirement plans than for a young couple
just starting out. Before deciding whether to get married or just live
together, you need to look at your estate plan, your Social Security benefits,
and your potential long-term care needs, among other things. Whatever you
decide to do, you may want to consult a lawyer to make sure your wishes will be
carried out.
Here are some things to think about:
- Estate
Planning. Getting married can have a big effect on your
estate plan. Even if you don't include a new spouse in your will, in most
states spouses are automatically entitled to a share of your estate. One
way to prevent a spouse from taking his or her share is to enter into a
prenuptial agreement in which both spouses agree not to take anything from
the other's estate. If you want to leave something to your spouse and
ensure your heirs receive their inheritance, a trust may be the best
option. - Long-Term
Care.
Trusts and prenuptial agreements, however, won't keep a spouse from being
responsible for your long-term care costs or vice versa. In addition,
getting married can have an effect on your or your spouse’s Medicaid
eligibility If you can afford it, a long-term care insurance policy may be
a good investment once you remarry. - The
Family Home. Whether you are getting married or just
living together, before combining households you will need to think about
what will happen to the house once the owner of the house dies. If the
owner wants to keep the house within his or her family, putting the house
in both spouse's names is not an option. On the other hand, the owner may
also not want his or her heirs to evict the surviving spouse once the
owner dies. One solution is for the owner of the house to give the
surviving spouse a life estate. Once the surviving spouse dies, the house
will pass to the original owner's heirs. - Social
Security. Many divorced or widowed seniors receive
Social Security from their former spouses, and remarriage can affect
benefits. If you are divorced after at least 10 years of marriage, you can
collect retirement benefits on your former spouse's Social Security record
if you are at least age 62 and if your former spouse is entitled to or
receiving benefits. If you remarry, you generally cannot collect benefits
on your former spouse's record unless your later marriage ends (whether by
death, divorce, or annulment). However, if your are a widow, widower or
surviving divorced spouse who remarries after age 60, you are entitled to
benefits on your prior deceased spouse's Social Security earnings record.