Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, April 16, 2011

Considerations for Remarrying Later in Life

Marriage Falling in love late in life can be unexpected and exciting, but there are some things you need to consider before remarrying, including:

  • Estate Planning. Unless you enter into a prenuptial agreement, a spouse will receive a portion of your estate automatically in most states even if you don’t include your new spouse in your will.
  • Long Term Care. A new spouse will be responsible for your long-term care costs (or vice versa), so a long-term care insurance policy may be a good investment.
  • The Family Home. If the owner of a house wants to keep the house in the family, the owner will need to do additional planning.
  • Social Security. Remarriage can affect the Social Security benefits that divorced and widowed seniors receive from their former spouses.
  • Alimony. Alimony from a divorced spouse will likely end upon remarriage and possibly upon simply living with someone else.
  • Survivor’s Annuities. Remarriage can affect annuities that widows of public employees receive.
  • College Financial Aid. Remarriage can affect the amount of financial aid a college student receives.

See Is It Better to Remarry or Just Live Together?, ElderLawAnswers, 2011.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this to my attention. 


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