Even after you have divorced, your ex-spouse can receive Social Security benefits on your record, but there are some conditions that must be met before this can happen. In order for your ex to collect benefits based on your record, the following conditions have to be met.

• You and your ex-spouse had to be married 10 years or longer,
• Your ex spouse has to be unmarried and be at least 62 or older,
• Their own Social Security benefits must amount to less than your benefits, and
• You also have to be eligible for benefits at the time your spouse applies.

Even if you delay applying for benefits but are eligible, your ex-spouse can still receive benefits as long as you have been divorced for at least two years. If your spouse marries at some point the benefits that they are receiving based on your work record will end, but can begin again if the new marriage ends due to divorce or death.

The way that your ex-spouse’s benefits are calculated will depend on if they are eligible for benefits on their own record. If they do have benefits coming to them the Social Security Administration will pay these benefits first, unless the amount they are entitled to is lower than what they would get by collecting on your Social Security record. In this case they will receive a combined payment of their own benefits and yours so that they are receiving the higher amount.

Also, if the divorced spouse is entitled to collect their own benefits they can still choose to start collecting benefits on your record while they delay collecting their own benefits until a later date.

A lot of people do not understand how the benefits for divorced spouses work and tend to worry that what the ex-spouse collects will affect their own Social Security benefits, but this isn’t true. Even if your ex-spouse collects benefits on your record, it will not affect the amount of benefits that your receive, nor will it have any effect on the amount of benefits that your current spouse receives.

This safety net that is in place for divorced spouses should not be a concern to you during your retirement planning, as it will not make any difference in what you receive from Social Security.

The Bonfrisco Law Firm is a member of the American Academy of Estate Planning Attorneys.

Medicare is a government program that helps with medical expenses for those who’ve reached 65 years and over. Typically, you need to have been a legal resident for at least five years, and you or your spouse must have paid Medicare taxes for at least ten years.

Medicare also offers assistance to those who are disabled or incapacitated and under 65 years. Those eligible to receive Social Security Disability Insurance are usually also eligible to receive Medicare.

There are four aspects of Medicare coverage, including: Part A, B, C and D. Part A relates to hospital insurance; Part B medical insurance; Part C medical advantage plans; and, Part D prescription drug plans.

Medicaid, on the other hand, is government assistance for medical expenses in the form of health insurance. Medicaid is offered primarily to low income/low asset individuals and families. To be eligible, you must pass an asset and income test.

The basic difference between Medicare and Medicaid is that Medicare is generally for the elderly, while Medicaid primarily for lower income individuals and families. If you’re in need of health care assistance and are elderly, your best bet is to consult with a good estate planning attorney. They can help with questions and the application process.

The Bonfrisco Law Firm is a member of the American Academy of Estate Planning Attorneys.