Medicare Spousal Benefits
If you're over the age of 65, you may be eligible to receive Medicare from the United States government. As with most health insurance providers, Medicare benefits can be extended to spouses of eligible participants depending on a number of conditions. These conditions include the length of the marriage and and each spouse's eligibility for Social Security benefits. Additionally, requirements are different for divorced and widowed individuals.
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Married Couples
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The most basic component of Medicare, known as "Part A," covers general medical treatment and is free. As a general rule, you are eligible to be covered by Part A if you're over 65 and have been married for at least one year to someone who is eligible for Social Security benefits.
If you're about to turn 65--even if your eligible spouse is not--it's essential that you go to your nearest Social Security office to confirm eligibility. You must then enroll in Medicare Part A (and, in some cases, Part B) to ensure that your health care coverage continues uninterrupted.
Divorced Partners
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As with many cases in life, divorce can complicate matters with regard to Medicare benefits. To be eligible, a divorced spouse must meet a number of requirements. First, they must have been legally married (as defined by the law in their state of residence) for at least 10 years prior to the divorce. The spouse seeking benefits must either be unmarried or have remarried after age 60. Further, her own Social Security eligibility must be less than one-half of her former spouse's. These benefits can go into effect as early as age 62 for a divorced spouse deemed eligible.
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Widows and Widowers
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In the event that your spouse dies while you are still married, your eligibility will depend upon whether you are single and for how long you were married when your spouse died--the minimum required is nine months.
For a spouse who becomes widowed after he is divorced, requirements are similar to a standard divorce. In both cases, the divorced spouse must be currently single (or remarried after the age of 60) and have been legally married for at least 10 years prior to the divorce. When a divorced spouse is also widowed, limitations on his own Social Security eligibility become less stringent. According to 42 U.S.C. Section 402(e), a qualified, widowed, divorced spouse is eligible for his spouse's benefits so long as the full amount his own benefits does not exceed his spouse's.
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