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Nia Thompson

Can I claim ex-spouse Social Security benefits after only 6 years of marriage?

I'm trying to figure out if I qualify for Social Security benefits based on my ex-husband's record. We were only married for 6 years before divorcing back in the 90s. I'm approaching 67 (my full retirement age) in a few years and starting to plan. I've heard different things - some people say you need 10 years of marriage, others say it doesn't matter. Also, does he need to be deceased for me to claim on his record? My own work history is spotty due to raising our kids, so his benefits might be higher. Any clarity on the marriage length requirements would be really helpful!

You need to have been married for at least 10 years to be eligible for divorced spouse benefits. This is a firm requirement from SSA - no exceptions. And no, your ex doesn't need to be deceased for you to claim on his record as long as he's eligible for benefits himself (62 or older). If he hasn't filed yet, you'll need to be divorced for at least 2 years before claiming on his record. Unfortunately with only 6 years of marriage, you wouldn't qualify for ex-spouse benefits. You'll need to claim on your own work record.

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Thank you for the clear answer. That's disappointing to hear! I was really hoping there might be some exception. So there's absolutely no way to claim on his record with a 6 year marriage? I'll have to figure out what my own benefits might be then.

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my sister got her exs benefits and they were only married 8 yrs so maybe call and check??

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Your sister must be receiving survivor benefits if her ex passed away, which have different rules, or there's some confusion about the timing. For divorced spouse benefits while the ex is still living, the 10-year marriage duration requirement is strictly enforced by SSA. There are no exceptions to this rule.

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Good question! I had to figure all this out last year. The rules are different depending on if your ex is alive or deceased. Since he's alive (I think from your post?), you need 10 years of marriage minimum to qualify for divorced spouse benefits. If he passed away, you could get survivor benefits with a 9-month marriage, but only if you haven't remarried before age 60. It's so confusing!!

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Yes, he's still alive as far as I know. I haven't remarried. I really thought it might be 5 years for some reason. This is all so complicated - wish they made it simpler to understand!

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Unfortunately with only 6 years of marriage, you won't qualify for divorced spouse benefits on your ex-husband's record. The 10-year marriage duration requirement is one of those non-negotiable rules in the Social Security system. You should create a my Social Security account at ssa.gov to see your own benefit estimates based on your work history. Even with a spotty work record, you might be eligible for more than you think. Also, if you've had other marriages that lasted longer than 10 years, you could potentially claim on one of those ex-spouses' records instead.

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Exactly right about the 10-year requirement. I'd also recommend looking into whether you might qualify for a higher benefit amount through any other means. For example, if you were widowed from another marriage, or if you're currently married, you might be eligible for spousal benefits on your current spouse's record. The SSA website has a benefit eligibility screening tool that can help identify all possible benefits you might qualify for.

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THE SSA MAKES EVERYTHING SO COMPLICATED!!! I spent MONTHS trying to figure out my benefits after my divorce. Kept getting different answers from every person I talked to at the office. The 10-year rule is FIRM though - found that out the hard way. I was at 9 years and 10 months and they wouldn't make ANY exceptions. Had to take my own measly benefit instead of half of my ex's much bigger one. SO FRUSTRATING!!! 😠

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Wow that's awful being just 2 months short! They really should have some flexibility for cases like that. The whole system needs an overhaul if you ask me.

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Have you tried calling SSA directly to ask about your specific situation? Sometimes there are exceptions or other programs you might qualify for that aren't obvious.

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While it's always good to speak directly with SSA about your unique situation, I should clarify that there are no exceptions to the 10-year marriage requirement for divorced spouse benefits. This is written into the Social Security Act itself. However, I do agree it's worth calling to explore all other benefit options you might qualify for based on your own work record.

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I tried calling SS sooooo many times last month about my disability application! Kept getting busy signals or would wait forever and then get disconnected. Super frustrating! Finally used this service called Claimyr (claimyr.com) that got me through to an actual person in under 10 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Saved me literally hours of hold time. Might be worth trying if you need specific answers about your situation.

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Thanks for the tip! I've had the same problem with calling - either can't get through or wait forever. I'll check out that service because I definitely have more questions about what my options are now.

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To summarize what others have correctly stated: You need to have been married for at least 10 consecutive years to qualify for divorced spouse benefits. With only 6 years of marriage, you unfortunately won't be eligible to collect benefits on your ex-husband's record. At this point, I'd recommend: 1. Create a my Social Security account to see your own benefit estimates 2. Consider delaying your benefits until 70 if possible to maximize your monthly amount 3. Review if you have any other ex-spouses from marriages that lasted 10+ years 4. If you've remarried, you may be eligible for spousal benefits on your current spouse's record You mentioned spotty work history, but even with limited work credits, you might qualify for your own retirement benefits. If your own retirement benefit would be very low, you might also want to look into SSI (Supplemental Security Income) depending on your financial situation.

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Thank you for this detailed response! I wasn't aware I could delay until 70 for a higher amount. I do have a my Social Security account but haven't checked it recently. Will definitely look at all these options. No other long marriages unfortunately. Appreciate everyone's help!

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I'm sorry you're dealing with this frustrating situation! As others have confirmed, the 10-year marriage requirement is unfortunately non-negotiable for divorced spouse benefits. However, don't give up hope on your own benefits yet! Even with a "spotty" work history, you might be surprised at what you've earned. The SSA only needs your highest 35 years of earnings, and years with no earnings count as zeros - so if you worked even part-time for many years while raising kids, those earnings still count toward your benefit calculation. Also, if you're caring for a child under 16 or disabled who receives benefits on your ex's record, there might be other options to explore. Definitely worth getting a current benefit estimate and maybe speaking with a local SSA office about all possible programs you might qualify for.

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I'm so sorry to hear about your situation! Everyone here has given you the correct information - the 10-year marriage requirement is absolutely firm for divorced spouse benefits, no exceptions. But don't lose hope about your own benefits! I went through something similar and was pleasantly surprised when I finally got my official estimate. The Social Security formula is actually designed to help people with lower lifetime earnings - it replaces a higher percentage of pre-retirement income for lower earners. Even if you only worked part-time or had gaps, those years of contributions add up. I'd strongly recommend scheduling an appointment at your local SSA office (or using that Claimyr service someone mentioned if you can't get through by phone) to go over all your options. They can also help you understand if working a few more years before claiming might significantly boost your benefit amount. Sometimes just a couple more years of even part-time work can make a real difference in your monthly payment!

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Thank you so much for the encouragement! It's really reassuring to hear from someone who went through a similar situation. I had no idea that Social Security was designed to help lower earners more - that actually makes me feel a bit more optimistic about my own benefits. You're right that I should probably schedule an appointment to go over everything properly. I've been putting it off because the whole process seems so daunting, but reading everyone's responses here has given me the push I needed to actually take action. Maybe working a few more part-time years could help boost things up a bit too. Really appreciate you sharing your experience!

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