Can my friend's ex-wife claim spousal benefits from his SSDI after 5-year marriage? Divorce questions.

For spousal benefits after divorce, there's a 10-year marriage duration requirement. Since they've only been married 5 years, she wouldn't qualify for divorced spouse benefits based on his record. For survivor benefits, the rules are different. If they're still married when he passes away, she could potentially claim survivor benefits as his widow. If they're divorced, she would need to meet that same 10-year marriage duration requirement to qualify for divorced widow benefits. So based on what you've shared, if they divorce after only 5 years of marriage, she wouldn't be able to claim benefits on his record, either as a divorced spouse or a divorced widow.

I went through something similar with my ex. The 10-year rule is from the date of marriage to the date the divorce is FINALIZED, not when you file. So if they're close to 10 years, it might actually benefit her to drag out the divorce proceedings. My ex did this to me - we were at 9.5 years when we separated and she deliberately delayed things to hit the 10-year mark. Just something your friend should be aware of.

Is his SSDI going to convert to regular retirement benefits when he reaches full retirement age? This might change things. Also, does she have any disability conditions herself? She might qualify for benefits on her own record even with a spotty work history if she's disabled. Just wondering because my sister was in a similar spot with limited work credits but got SSDI for a chronic condition.

my ex tried to get my benefits after 8 years marriage. didnt work!! tell ur friend not to worry as long as its under 10 yrs hes safe. she gets NOTHING!!! 👍

I spent 3 HOURS on hold with SS last month trying to ask almost this exact question for my brother. Kept getting disconnected. Finally I found this service called Claimyr (claimyr.com) that got me connected to a real person at SSA in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Worth every penny because I got my answer right away instead of wasting an entire day. Your friend might want to call and get the official word directly from SSA about his specific situation.

One thing nobody mentioned - if your friend's ex-wife hasn't worked in 10 years and has spotty work history, she might not have enough credits for her own retirement benefit when she reaches retirement age. In that case, she would need to rely on either: 1. Spousal benefits (if they stayed married) 2. Divorced spouse benefits (if they were married 10+ years) 3. SSI (needs-based program with strict asset limits) If she doesn't meet any of these criteria, she might be in a difficult position at retirement age. Not your friend's problem necessarily, but something to be aware of.

Wait I'm confused... Does the 10 year rule apply if someone is on SSDI vs regular retirement? I thought disability benefits had different rules? My cousin got benefits from her ex's SSDI and I'm pretty sure they weren't married that long...

I just realized nobody asked - does the wife have children under 16? If your friend and his wife had kids who are still minors, she could potentially receive benefits as a mother caring for his children, even after divorce. This doesn't have the 10-year marriage requirement. But since you mentioned they don't have kids together, this wouldn't apply.

Has your friend talked to a divorce attorney who specializes in situations involving disability benefits? My neighbor went through something similar and said her lawyer gave her better advice than SSA did because he understood both the SS rules AND how they interact with divorce law in our state. Might be worth the consultation fee.