Getting Married After 60:
What Older Couples Need to Know

Getting married later in life — whether after the death of a spouse, a divorce later in life, or simply a first marriage at an older age — involves the same marriage license process as any other marriage. But there are additional practical and legal considerations that apply specifically to older couples and second marriages that are worth understanding before you visit the county clerk.

The Marriage License Process Is the Same at Any Age

There is no upper age limit on marriage in the United States. The marriage license application process, required documents, fees, and waiting periods are identical for a couple in their 60s, 70s, or 80s as for any other couple. You'll need valid photo ID, your Social Security number, and information about any prior marriages. That's the baseline regardless of age.

Prior Marriage Documentation — More Complex Later in Life

Older applicants are statistically more likely to have been previously married, sometimes more than once. The marriage license application in every state asks about prior marriages. Here's what to know:

• If widowed: Most county clerks will ask for the name of the deceased spouse and the approximate date of death. For recent deaths (within the past year), bringing a certified death certificate is strongly recommended. For deaths many years ago, verbal or written declaration is typically sufficient.
• If divorced: Provide the exact date the divorce was finalized and the state where it occurred. For divorces finalized within the past 6–12 months, bring a certified copy of the divorce decree. For older divorces, clerks typically accept verbal declaration.
• Multiple prior marriages: The application asks for the most recent prior marriage. You don't need to document every marriage — just the most recent one and how it ended.

Financial and Estate Planning Implications

Remarriage later in life can have significant financial and estate planning consequences that a marriage license application won't warn you about. These are not reasons not to marry — but they are reasons to consult a financial advisor and estate planning attorney before tying the knot:

• Social Security survivor benefits: A widow or widower receiving survivor benefits from a deceased spouse's Social Security record will lose those benefits upon remarriage (if remarriage occurs before age 60). Remarriage at age 60 or older does not affect survivor benefits. This is one of the most financially significant rules for older remarrying couples.
• Pension survivor benefits: If you receive a survivor pension from a deceased spouse's employer pension, remarriage may affect your eligibility. Check the specific pension plan documents.
• Medicaid and long-term care: Marriage can affect Medicaid eligibility for long-term care. Spouses' assets are considered jointly for Medicaid qualification purposes. An estate planning attorney can explain the implications for your specific situation.
• Estate and inheritance: Marriage creates legal inheritance rights. In states without a prenuptial agreement, a new spouse may have rights to a portion of your estate that override an existing will in some circumstances. Review and update your estate documents.
• Life insurance beneficiaries: Review all beneficiary designations on life insurance policies and retirement accounts after marriage. Beneficiary designations typically override wills.

Health Insurance Considerations

For couples where one party is under 65 and one is on Medicare, or for couples navigating employer health insurance, marriage creates both opportunities and complications:

• Marriage is a qualifying life event that allows you to add a new spouse to your employer health insurance outside of the open enrollment period — typically within 30–60 days of the marriage date.
• If one spouse is on Medicare and the other is not yet Medicare-eligible, the non-Medicare spouse cannot use Medicare. They will need their own coverage through an employer, COBRA, or the ACA marketplace.
• For couples where both parties are on Medicare, marriage does not change Medicare coverage — each person keeps their individual coverage.

Name Change Considerations for Older Couples

Name changes after marriage are entirely optional. Many older couples — particularly women who have established professional identities under their current name — choose not to change their name. Others prefer to hyphenate or take their spouse's name. All are legally valid choices.

If you do choose to change your name, the process is the same regardless of age — Social Security first, then DMV, then passport. One practical note for older applicants: if your passport is expired and you need to change your name, you'll go through the full DS-11 process (in-person application) rather than the faster mail-in renewal. Factor this into your timeline if international travel is planned soon after marriage.

Legal Capacity to Marry

All states require that both parties to a marriage have the legal capacity to consent — meaning they understand the nature and consequences of marriage. This is a higher-profile issue for older individuals, particularly those with cognitive decline or dementia. A person who lacks the mental capacity to understand what marriage means cannot legally consent to it. In cases where family members or caregivers have concerns about a vulnerable older person being pressured into marriage, several states have specific elder protection statutes. Any marriage entered under undue influence or coercion — regardless of the victim's age — can be challenged in court.

Frequently Asked Questions