Contact

At first glance, it wouldn’t seem like Medicare eligibility would be a subject of discussion for family lawyers.  After all, Medicare is considered a right for most U.S. citizens who reach the age of 65, but there are some eligibility requirements that could be confusing for divorced or widowed spouses.  If you think your divorce or the death of a spouse could impact your eligibility for Medicare, then it is important to check in with the Social Security office for more information.   One way of doing this is by visiting the Medicare.gov web site and using their Medicare Eligibility Tool, an online questionnaire that will help you determine your eligibility status for Medicare. 

If you are married, divorced or widowed, your eligibility will depend on a number of conditions. Here is brief overview of how your marital status can affect your Medicare eligibility:

Married couples

“Part A”, also known as the most basic form of Medicare benefits, will cover general medical treatment and it is free to those who qualify. Even if you haven’t worked the minimum 10 years in a job that contributed to Medicare, you can become eligible for benefits by being married for at least one year to someone who is eligible for Social Security.  Enrollment in Medicare will still require a trip to the nearest Social Security office to confirm your eligibility.

Divorced couples

Divorce can complicate Medicare eligibility in some cases, as divorced spouses are required to meet certain requirements. In order to remain qualified for spousal Medicare benefits, they must have been legally married for a minimum of ten years.  Plus, they must either be unmarried currently or remarried after the age of 60 in order to qualify for benefits from their former spouse.  In addition, the spouse seeking benefits must have Social Security eligibility that is less than one half of his or her former spouse.  If all of these parameters are met, then the Medicare benefits can go into effect as early as age 62 for divorced spouses.

Widows or Widowers

Losing a spouse can impact the Medicare eligibility of the surviving spouse.  In order to qualify for spousal benefits, one must remain single and have been married for a minimum of nine months.  However, when a spouse becomes widowed after a divorce, the requirements become similar to those of divorced couples.  In this case, the couple must have been married for at least ten years, remain single, or remarry after the age of 60.  In the case of a divorced spouse who is also widowed, the law allows he or she to collect spousal benefits, provided that his or her own benefits to not exceed the deceased ex-spouse’s benefits.

For a better understanding of Medicare eligibility and how it is impacted by marital status, read this article, “Do You Have Questions about Medicare Eligibility in Colorado?” by a well known Colorado health insurance broker.