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Can I get Social Security benefits from ex-spouse when marriages were less than 10 years? Desperate at 62

I'm in a really tough spot with Social Security and wondering if there's ANY way around the 10-year marriage rule for divorced spouse benefits. My situation: I was married to my first husband for just under 10 years - he actually timed the divorce filing deliberately so I wouldn't qualify for his SS benefits (he passed away recently). My second marriage lasted 8.5 years before ending in divorce. Now I'm 62, receiving a tiny Social Security check ($875/month) that barely covers basics. The worst part is I just found out that for 30+ years I was working as a 1099 contractor caring for seniors and people with disabilities, and my employer wasn't properly contributing to Social Security! I thought everything was being handled correctly. Is there any exception to the 10-year rule for either ex-spouse? Some kind of hardship provision or appeal process? I'm looking at having to work well into my 70s just to keep food on the table.

Josef Tearle

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I'm sorry to say there are no exceptions to the 10-year marriage rule for divorced spouse benefits. It's one of those hard cutoffs in the Social Security rules that the SSA absolutely won't budge on, even if your ex deliberately timed it that way (which unfortunately happens more than you'd think). Since both marriages were under 10 years, neither qualifies you for ex-spouse benefits. The bigger concern to me is your 30 years as a 1099 worker - did you file Schedule SE and pay self-employment taxes during those years? If not, those earnings aren't counted toward your benefit calculation.

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Charity Cohan

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Thank you for being straight with me. No, I never filed Schedule SE - I didn't understand that was my responsibility. My employer led me to believe everything was being properly handled. Is there anything I can do retroactively about those 30 years?

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Shelby Bauman

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my grandma had almost the exact situation!!! her 1st husband timed the divorce at 9 years too, total jerk move. she ended up having to move in with my parents cause her ss check was so tiny. idk what the solution is but just wanted to say your not alone

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Charity Cohan

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Thank you for sharing that. It helps knowing I'm not the only one dealing with this. How is your grandma doing now? Has she found any programs that help?

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Quinn Herbert

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There's definitely no exception to the 10-year marriage rule, but there might be something you can do about those 1099 years. If you have documentation proving an employer-employee relationship (they controlled when/how you worked, provided equipment, etc.), you could potentially file Form SS-8 to request the IRS determine if you were misclassified. If they rule in your favor, you might be able to get those earnings credited, though you'd typically only be able to go back 3 years. Also, at 62 with limited income, have you looked into Supplemental Security Income (SSI)? It could provide additional support if your resources are below the thresholds. Regarding your current benefit: have you checked your earnings record on my.ssa.gov to make sure all your eligible earnings are actually reflected? Sometimes there are errors that can be corrected.

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Charity Cohan

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I just checked my my.ssa.gov account and it shows very little income for those 30 years. I definitely was treated like an employee - had set hours, used their equipment, was told exactly how to do the work. I'll look into that SS-8 form right away. I did check on SSI but I have about $14,000 in savings which puts me over the resource limit. I've been trying to save that for emergencies.

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Salim Nasir

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The whole system is RIGGED to keep people like us desperate!! My cousin's friend worked for 40 YEARS and got a pathetic check too. They make these arbitrary rules like the "10 year" thing just to DENY benefits to people!!! And the 1099 scam is HOW EMPLOYERS CHEAT the system and the government LETS THEM!!! They should go after those employers not punish US!!! And good luck getting ANYONE at SSA to help - you'll wait HOURS on the phone and still get nowhere!!!

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Charity Cohan

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It does feel like the system is stacked against us. I've tried calling SSA three times and gave up after being on hold forever. I wish I had understood how all this worked years ago.

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Hazel Garcia

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I had a similar thing with the 1099 situation - worked for a company for 12 years and they had me as a "contractor" even though I was really an employee. I managed to get some of it fixed by filing the SS-8 form someone else mentioned. But it only went back 3 years. Still better than nothing though! Have you tried calling SSA to discuss your options?

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Laila Fury

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If you're trying to reach Social Security by phone, I'd recommend using Claimyr (claimyr.com). I was in a similar situation trying to fix earnings record problems and spent days trying to get through to SSA. Claimyr got me connected to a live agent in about 20 minutes. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU Regarding your situation - unfortunately the 10-year rule is strict, but pursuing the misclassification angle might be your best option. Also look into whether your state has any supplemental programs for seniors with limited income.

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Geoff Richards

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hmm i thought there was a thing where if u were married when your spouse died you could get survivors benefits even if it was less than 10 years? maybe im wrong tho

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Josef Tearle

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You're thinking of survivor benefits for current spouses, which don't have the 10-year requirement. But OP was already divorced when her first husband died, so that wouldn't apply in her situation unfortunately.

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Charity Cohan

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I'm overwhelmed by all the responses. Thank you everyone. I've made an appointment with a local senior advocacy center to get help with the SS-8 form. I also checked with my state and there is a small supplement program I might qualify for. I'm going to try that Claimyr service to talk to SSA - at this point I'll try anything that might help. Just feeling so foolish for not understanding how Social Security worked all these years.

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Quinn Herbert

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One more thing to consider: if your income is this low, look into whether you qualify for SNAP benefits (food stamps), utility assistance programs, and Medicare Savings Programs that can help cover your Medicare Part B premiums. Many states also have senior tax relief programs that reduce property taxes or provide renters credits. Also, when you speak with SSA, ask specifically about whether any of your work might qualify for Special Wage Credits - some caregiving roles get additional credits that could potentially increase your benefit amount. It's a long shot, but worth asking about.

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Charity Cohan

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Thank you so much for these additional suggestions. I'll definitely look into all of these programs. I didn't know about Special Wage Credits - I'll definitely ask about that when I get through to SSA.

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Shelby Bauman

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also idk if this helps but my mom told me grandma eventually got on a subsidized housing list and that helped her a lot with expenses. the wait was like 2 years tho so maybe apply now even if ur not sure?

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Charity Cohan

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That's a really good suggestion! I hadn't thought about subsidized housing. I'll definitely look into getting on waiting lists in my area. Thank you!

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