Helping Seniors & Families
Plan For Their Future
Feasterville, PA
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Doylestown, PA
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Is It Better to Remarry or Just Live Together?

Older Couple: Estate Planning & CareFinding love later in life may be unexpected and exciting, but should it lead to marriage? The considerations are much different for an older couple  than for a young couple just starting out. Before making this decision, you should consider consulting your elder law attorney to review your situation, including the following:

Estate Planning

Getting married can have a big effect  on your estate plan. Even if you exclude your new spouse in your will, he or she is permitted to take an elective share against your estate (usually one-third). One way to prevent this from happening is to enter into a pre-nuptial agreement before your marriage.

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How Divorce and Remarriage Affect Social Security Benefits

Many people are aware that seniors are entitled to collect Social Security benefits that are calculated based on their spouse’s work record. What’s less well-known is that this benefit applies in many cases to divorced spouses. In fact, ex-spouses may even be entitled to survivors benefits in certain circumstances.

As a spouse, you have the option of (1) claiming a Social Security retirement benefit based on your own earnings record, or (2) collecting a spousal benefit equal to one-half of your spouse’s Social Security benefit. You are automatically entitled to whichever benefit is higher, and you can collect on your spouse’s record even if you never worked yourself.

A divorced spouse can collect benefits based on an ex-spouse’s work record, whether or not the ex-spouse has remarried and whether or not the ex-spouse’s new spouse is also collecting on the same work record.

But to receive this benefit, you must meet the following requirements:

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