< Back to Social Security Administration

Malik Johnson

Social Security ex-spouse benefits: Do I qualify with 10 years first marriage then 5 years remarriage to same person?

I'm trying to figure out my Social Security options as I approach retirement age (turning 62 next January). My marriage situation is a bit unusual - I was married to my ex for 10 years, then we divorced. After 3 years apart, we reconciled and got remarried, but the second marriage only lasted 5 years before we divorced again (this time for good). So in total, we were married for 15 years, but not continuously. Does anyone know if I still qualify for ex-spouse benefits under the 10-year marriage rule? Or does the break in our marriage mean I can't claim on his record? He made significantly more than I did throughout our working years (he was an engineer while I worked part-time in retail while raising our kids). His benefit would be much higher than mine. I've tried calling the SSA three times, but keep getting disconnected after waiting on hold for over an hour. The local office has no appointments available for the next two months. Any help would be appreciated!

Yes, you qualify! The 10-year marriage rule only requires that you were married for at least 10 consecutive years before divorcing. The fact that you remarried the same person later doesn't affect your eligibility for ex-spouse benefits based on that first 10-year marriage. You can file for those benefits as early as 62, but remember you'll get a reduced amount if you file before your Full Retirement Age (FRA). Also, you must be unmarried currently to claim ex-spouse benefits.

0 coins

Malik Johnson

•

Thank you SO much for the clear answer! That's a huge relief. Do you know if I need to provide both divorce decrees when I apply? And does the fact that we were remarried to each other complicate the paperwork at all?

0 coins

Ravi Sharma

•

I think the other poster is WRONG! When my sister tried to claim on her ex's record, SSA combined all their marriage periods and said it wasn't enough. They told her all marriages to the same person count as ONE marriage for the 10 year rule!!! Better check with SSA directly before you count on this.

0 coins

That's not correct. SSA policy specifically addresses this situation. Each marriage stands on its own for the duration requirement. If the first marriage lasted 10+ years, the claimant qualifies regardless of subsequent marriages to the same person. Your sister's situation was likely different - perhaps her first marriage alone didn't reach 10 years?

0 coins

Freya Larsen

•

I had almost the exact same situation! Married 11 years, divorced, remarried him 2 years later for 4 more years. I'm getting benefits based on his record now with no problem. The SSA only cared about documenting that first marriage that met the 10-year requirement. They did ask for both marriage certificates and both divorce decrees though, so have those ready. And be prepared to wait - it took about 3 months for my application to process.

0 coins

Malik Johnson

•

This is so helpful to hear from someone who went through almost the same thing! Did you apply online or in person? I'm wondering which would be faster.

0 coins

Omar Hassan

•

have u tried the my social security online account? u might be able to see ur benefit options there without calling. thats what i did when i was checking about my ex husband benefits

0 coins

Malik Johnson

•

I did create an account, but it doesn't seem to show me what I'd get from my ex's record - just estimates based on my own work history. Maybe I'm missing something in the interface?

0 coins

Chloe Taylor

•

I was in a similar situation trying to reach SSA for weeks about my ex-spouse benefits. After failing to get through on the phone and not being able to get answers online, I used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in about 15 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent confirmed that marriages are counted separately, so your first 10-year marriage does qualify you for ex-spouse benefits regardless of the second marriage to the same person. Make sure you have both marriage certificates and divorce decrees when you apply.

0 coins

ShadowHunter

•

Does this Claimyr thing actually work? Seems sketchy to me...

0 coins

Chloe Taylor

•

Yes, it worked for me - got through to someone at SSA when I'd been trying for weeks on my own. Just connects you to the regular SSA line but jumps you past the hold time somehow.

0 coins

Diego Ramirez

•

i think most people dont know that there are actually different rules for ex-spouse benefits vs widow(er) benefits. for ex-spouse the 10 yr rule applies but for widow its only 9 months of marriage required! just wanted to mention this since it confuses a lot of people.

0 coins

Freya Larsen

•

That's a good point, but not really relevant to OP's situation since her ex is still alive (she's asking about divorced spouse benefits, not surviving divorced spouse benefits).

0 coins

ShadowHunter

•

My cousin's wife's sister got denied because there was some rule about remarrying the same person! Not saying your wrong but definitely double check before you count on getting those benefits. The SSA has all kinds of weird rules they don't tell you about until they deny your claim!!!

0 coins

There's no SSA rule specifically prohibiting ex-spouse benefits when you've remarried the same person, as long as that first marriage lasted 10+ years. Your cousin's wife's sister was likely denied for a different reason - perhaps she was remarried to someone else at the time of application or her first marriage didn't reach the 10-year mark.

0 coins

Malik Johnson

•

UPDATE: I finally got through to SSA this morning after trying for 3 days! The rep confirmed what most of you said - my first 10-year marriage does qualify me for ex-spouse benefits. She said I'll need to provide both marriage certificates and both divorce decrees when I apply. She also mentioned that since I'll be applying before my full retirement age, my benefit will be reduced permanently - getting about 70% of what I would at full retirement age. But even with the reduction, it's still better than my own benefit would be. Thanks everyone for your help! This forum has been more helpful than trying to navigate the SSA website.

0 coins

Freya Larsen

•

So glad you got confirmation! One more thing to consider - make sure you check if your own retirement benefit might grow to be larger than the ex-spouse benefit over time. Sometimes it makes sense to claim the ex-spouse benefit first, then switch to your own later if it becomes larger (especially if you continue working).

0 coins

Zainab Ismail

•

Congratulations on getting through to SSA! Just wanted to add one important detail for others who might be in a similar situation - when you apply, make sure to ask about "deemed filing" rules if you're married to someone else now. If you're currently married (to a different person), you might be required to file for your own retirement benefit at the same time as the ex-spouse benefit, and you'll only get the higher of the two amounts. This doesn't apply if you're currently unmarried, but it's something to be aware of since the rules can be tricky when multiple benefit types are involved.

0 coins

Amina Bah

•

That's a really important point about deemed filing! I hadn't thought about that aspect. Since I'm currently unmarried, it sounds like I won't have to worry about that rule, but it's good to know for anyone else reading this who might be in a different situation. The SSA rep I spoke with didn't mention deemed filing, so I appreciate you bringing it up. These benefit rules are so complex - there always seems to be another layer to consider!

0 coins

Marcelle Drum

•

As a newcomer here, I just wanted to say how helpful this discussion has been! I'm in a somewhat similar situation (divorced after 12 years, considering when to file) and seeing all the different perspectives and experiences shared here is really valuable. It's particularly useful to see the follow-up confirmation from the SSA representative - sometimes you need that official word to feel confident about these important decisions. Thanks to everyone who shared their knowledge and personal experiences. This kind of community support makes navigating these complex benefit rules so much easier!

0 coins

Cass Green

•

Welcome to the community! I'm relatively new here too, and I completely agree about how valuable these discussions are. It's amazing how much practical knowledge people share from their real experiences. The fact that Malik got official confirmation from SSA really helps validate what everyone was saying. I've been lurking here for a while trying to understand my own situation, and seeing how supportive everyone is makes me feel more comfortable asking questions when I'm ready. Thanks for speaking up - it's nice to know there are other newcomers here learning alongside me!

0 coins

As another newcomer to this community, I just want to echo what others have said about how incredibly helpful this thread has been! I'm approaching a similar decision point with my own Social Security planning, and seeing the real-world experiences alongside the official confirmation from SSA gives me so much more confidence in understanding these rules. What really stands out to me is how the community members here took the time to clarify misconceptions and provide accurate information - especially Isabella's detailed explanations about how each marriage period is evaluated separately. It's exactly this kind of knowledgeable, supportive discussion that makes navigating these complex government benefits feel less overwhelming. Malik, congratulations on getting your confirmation and thanks for sharing the update! It really helps to see the full resolution of these questions.

0 coins

Sheila Wesson

•

You probably have already answered this, but I was married to my ex-husband for 35 years. We divorced, didn't marry anyone else, and then remarried each other again 3 years later. I was 57 when we remarried. When he dies, will I be able to claim widow's benefits on him as a second marriage even though we remarried before I was 60?

0 coins

Sheila Wesson

•

@Sheila Wesson I forgot to put that we have been remarried for 8 years.

0 coins

Diego Vargas

•

Welcome to the community, Sheila! Your situation is actually quite straightforward for widow's benefits. Since you were married to your husband for 35 years originally, you definitely meet the duration requirement (which is only 9 months for widow's benefits anyway). The fact that you divorced and then remarried him later doesn't change your eligibility - you're currently married to him, which is what matters for widow's benefits when the time comes. The age at remarriage (57) also doesn't create any issues since you remarried the same person you were previously married to for decades. You should be fully eligible for widow's benefits on his record when that time comes.

0 coins

Luis Johnson

•

As a newcomer to this community, I wanted to thank everyone for this incredibly informative discussion! I'm currently going through my own Social Security planning and this thread has been more helpful than hours of trying to navigate the SSA website. What I find particularly valuable is seeing both the community knowledge and the official confirmation from SSA that Malik received. It really demonstrates how this forum can provide practical guidance while emphasizing the importance of getting official verification for individual situations. Isabella's detailed explanations about how marriage periods are evaluated separately were especially enlightening - I had no idea that each marriage to the same person could be considered independently for the 10-year rule. And Freya's real-world experience with almost the exact same situation provides such reassuring confirmation. For anyone else reading this thread later, it seems the key takeaways are: 1) Each marriage period stands on its own for the duration requirement, 2) You'll need all marriage certificates and divorce decrees when applying, and 3) Don't give up on getting through to SSA even if it takes multiple attempts. Thanks again to everyone who shared their knowledge and experiences!

0 coins

Jade O'Malley

•

Welcome to the community, Luis! As another newcomer, I completely agree with your assessment of how valuable this discussion has been. What struck me most was seeing the evolution from initial uncertainty to clear resolution - it really shows how community knowledge combined with official verification creates the most reliable guidance. I particularly appreciated how members like Isabella and Freya shared both technical knowledge and personal experiences, making complex SSA rules much more understandable. It's encouraging to see such a supportive environment for navigating these important financial decisions. Thanks for summarizing those key takeaways - they'll definitely be helpful for anyone facing similar situations!

0 coins

Social Security Administration AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today