by Attorney Thom L. Cooper
Often after our clients lose a loved one they find someone else with whom they want to spend the rest of their life. Getting married again late in life can offer renewed happiness & purpose, but it can also result in heartbreak without planning.
As Elder Law Attorneys we are often asked: “Does this marriage make sense from a financial point of view?” The answer, like so many things in life, is that it depends. For example should your new spouse go into a nursing home they can require you to spend your assets to pay for your new spouse’s nursing home bills. The state may also put liens on your home. Even a pre-nuptial agreement doesn’t help in a nursing home or catastrophic health care situation. In addition, if a widow is entitled to VA benefits due to her husbands prior service, those benefits may be cut off after a new marriage.
In spite of some of the above negative consequences there are things you can do legally to avoid many of the legal pitfalls as described above. It is absolutely critical in considering remarriage to receive advice from both a domestic relations attorney and an elder law attorney.
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