Colliton

benefit if he or she dies before you.

Some disadvantages to being married. If you currently have benefits from your prior spouse whether through a Property Settlement Agreement in divorce such as alimony or through pension or Veteran’s benefits rights, or through his or her health insurance you might lose these by remarriage. You should check or consult before remarriage.

If you have been receiving Social Security under your deceased spouse’s benefit and you remarry before age 60 (before age 50 if you are disabled), you will likely lose the prior benefit. Remarriage after age 60 does not affect your benefit.

Termination of the relationship — marriage vs. cohabitation

Although it is more difficult in most circumstances to terminate the relationship if you marry as opposed to living together it should not be assumed that cohabitation is without concern. For those who remarry, divorce is not easy. A second divorce or a divorce after having been a widow or widower adds to the emotional toll. However, marriage can offer some asset protection that cohabitation might not and asset titling is important in either event.

Obviously this is not the whole story. For more, seek help from your elder law and/or family law attorney and, where this applies, also from your financial planner. It can be complicated. Janet Colliton, Esq. is a Certified Elder Law Attorney and limits her practice, to elder law, retirement and estate planning, Medicaid, Medicare, life care, and special needs at 790 East Market St., Suite 250, West Chester, Pa., 19382, 610-436-6674, colliton@ collitonlaw.com. She is a member of the National Academy of Elder Law Attorneys and, with Jeffrey Jones, CSA, cofounder of Life Transition Services, LLC, a service for families with long term care needs. Tune in on Wednesdays at 4 p.m. to radio WCHE 1520, “50+ Planning Ahead,” with Janet Colliton, Colliton Elder Law Associates, and Phil McFadden, Home Instead Senior Care.