Considering Remarriage? Think Before You Say “I Do”
Remarrying can seem like a natural next step in life and love. According to the U.S. Bureau of Labor Statistics, by age 55, 87% of men and women in the United States have married at least once. Of those, 46% have divorced at least once, and by age 65, half of all people will remarry.
But before you walk down the aisle again, take a step back. If you set love aside for logic, remarrying might not always be a smart financial move. You could stand to lose more than you realize when you say “I do” instead of “I don’t.”
How Remarriage Can Affect Your Finances
1. Social Security Benefits
Remarriage can have serious consequences for your Social Security benefits:
- If your prior marriage ended due to your spouse’s death and you remarry before age 60, you lose eligibility for survivor benefits based on your deceased spouse’s record.
- If you remarry after age 60 (or after 50 if you’re disabled), you can continue receiving survivor benefits.
- If your prior marriage ended in divorce and you’re receiving benefits based on your ex-spouse’s record, you lose those benefits once you remarry.
2. Retirement and ERISA Plans
Under ERISA (Employee Retirement Income Security Act), when you remarry, your new spouse automatically becomes the default beneficiary of your survivor annuity benefits. This voids prior designations, including any to your children.
You can only name a non-spouse beneficiary if your new spouse provides written, notarized consent after marriage.
If your prior marriage ended in divorce, remarriage may also affect your rights in your ex-spouse’s retirement plans, depending on plan provisions.
3. Wills, Trusts, and Estate Planning
Remarriage can complicate your estate plan—especially in community property states. Your new spouse will have a presumed community property interest in everything you own.
That means if your will or trust leaves assets to your children, they might receive only half after your death, with the other half going to your spouse. Over time, it becomes more difficult to prove certain assets are separate property.
Additionally, if you receive benefits from your deceased spouse’s trust or will, those benefits might end upon remarriage.
4. Means-Tested and Government Benefits
If you receive means-tested benefits such as Supplemental Security Income (SSI), your remarriage could reduce or eliminate payments. SSI considers household income and assets, so your new spouse’s financial resources will count toward eligibility.
Remarriage can also impact:
- Veterans’ or service-member survivor benefits (depending on your age)
- Alimony or spousal support (often terminated upon remarriage)
- Medicaid and other government assistance programs
Protecting Yourself Before Remarrying
Before making any commitments, take these practical financial steps:
Step 1: Identify All Current and Potential Benefits
List all your sources of income and benefits, including:
- Social Security (retirement, disability, survivor, or spousal benefits)
- Alimony or spousal maintenance
- Means-tested benefits (SSI, Medicaid, etc.)
- Retirement accounts (yours, your ex-spouse’s, or deceased spouse’s)
- Trust or will provisions from a former or deceased spouse
Step 2: Research the Impact of Remarriage
Determine how remarriage would affect each benefit. Contact relevant agencies or consult a financial planner or estate attorney.
Step 3: Consider Alternatives
Before rushing to remarry, consider a cohabitation agreement—a romantic yet financially smart option. As the saying goes, after a second espresso martini, you might find that a contract can be just as romantic as a ring.
Final Thoughts
Remarriage can bring love, companionship, and a new beginning—but it can also create complex financial and legal consequences. Understanding how a second marriage affects your Social Security, retirement plans, estate documents, and government benefits is essential before you walk down the aisle again.
At Hammerle Morris Law Firm, we believe that every legal relationship—just like every marriage—should be grounded in trust, transparency, and thoughtful planning. Our experienced attorneys can help you evaluate how remarriage might impact your financial future and guide you in protecting what matters most to you and your family.
Whether you’re considering remarriage, updating your estate plan, or exploring options to safeguard your benefits, we’re here to help you make informed, confident decisions.
Schedule a consultation today to discuss your situation and ensure your next chapter begins—both legally and financially—on solid ground.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
