Divorce and Remarriage Article


Marital Status and your Finances

Seniors own the bulk of the state’s wealth in savings, home equity and other property. At this point in your life, you may have more at stake when you change your marital status. Or, you may be a widow living on Social Security income alone. If you choose to remarry, be aware of your decision’s potential impact on your finances.

If I get divorced, can I still get Social Security benefits on my husband’s work record?

Yes, if your ex-husband is receiving benefits or is deceased, so long as you were married to him for at least 10 years, and so long as you remain single. If your ex-husband is 62 years old or older and has not applied for benefits, you can still receive benefits on his record as long as you are at least 62 as well. You must, however, be divorced and single for at least two years before seeking such benefits. Your Social Security benefit amount will be the higher of (a) the benefit based on your work record, if any; or (b) one-half of the amount of your ex-husband’s benefit.

Will I continue to receive Social Security benefits as a widow (or widower) if I remarry?

Yes, if you are at least 60 years old when you remarry. (A widow or widower isn’t actually eligible for benefits until age 60 or, if disabled, until age 50.) Or you could apply to receive benefits based on your new spouse’s work record instead if those benefits would be higher. If you remarry before turning 60, however, you will be ineligible for widow’s benefits throughout your marriage. 

For more information, visit Social Security on-line or by phone at (800) 772-1213.

Do I need to change my will in order to remove my ex-spouse as a beneficiary?

Unless your will states otherwise, your divorce automatically revokes any provisions naming your ex-spouse as a beneficiary or as an executor, trustee, conservator or guardian. (ARS §14-2804) You do have to change the beneficiary designations for your life insurance and individual retirement accounts after divorce.

Is it true that I will pay higher taxes if I remarry?

About 40% of married people do pay higher taxes than those who are single with the same tax circumstances. About 50% will pay less, and the rest about the same amount of taxes.

The possibility of a penalty for filing jointly increases above the 25% tax bracket, but overall, the “marriage penalty” tax is not as universal as once believed. You should have your specific tax circumstances analyzed by a tax professional in preparation for remarrying.

Comments:

QUESTIONS

  • Hello. I am in a second marriage. Our investments and home are in a trust with my husband. But I have received some money as an inheritance. Can I put this is a separate savings in my name only, with my sons as beneficiaries?
  • Is there a time limit between filing a legal seperation and filing a divorce?
  • I was married to an ex marine for 10 years when I was 18. He was murdered shortly before we were divorced. Its been over 20 years but I was wondering am I still qualified for survivor's benefits or his pension?
  • I have not seen my husband for 30 years. We have not been together since 1987. I am in the process of receiving my retirement benefits, I do not want him to receive any of my benefits or be listed as my dependent/spouse on my pension since I have never been with or seen him in 30 years. Please tell me how I should proceed in getting divorce/legal separation?? abandoned ex-wife
  • My Divorce Attorney has lost over 500 pages of my families financial records.I have been closing accounts, fear of foul play. Should he be held accountable - what can I do, as he chose to ignore it.
  • If divorce papers state that house to be sold, but wife will not sell it, what can be done?
  • My ex was served by my lawyer with a 30 order to reply or comply, he has not yet made a valid reply thru the courts. Do I receive everything that I asked for? And why would my lawyer be in contact with him and give him an extra week to see what he is going to offer? Is there malpractice suit here as well?
  • Is Arizona a common-law marriage state? If two seniors have been living together for more than ten years without being married and one passes away, will the living senior be responsible for the debts of the deceased.
  • how long i have to wait to get remarried after having the decree of divorce?
  • My divorce decree from over 40 years ago specifies my former wife may continue to reside in our former residence. Both our names are on deed to the property. How can I find out if I have any liability related to this property since my name is still on it. And if I do, how do I protect myself?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS

Documents

.pdf  Divorce/Legal Separation Flowchart ReadSpeaker

.pdf  Divorcio y Separacion Legal de Arizona Diagrama de flujo ReadSpeaker

RELATED ARTICLES

LINKS

Area Agency on Aging

Maricopa County Judicial Branch Self-Service Center Online

Pima County Courts Self Service Center

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