Will ex-wife's Social Security spousal benefits continue after 7-year marriage divorce?
My father (73) is finally divorcing his second wife (72) after 7 years of marriage. I'm trying to help him understand the financial implications. His soon-to-be-ex is currently collecting Social Security spousal benefits based on dad's work record. From what I've read online, you need 10 years of marriage to continue receiving ex-spouse benefits after divorce, but I'm not 100% sure. Will her benefits completely stop once the divorce is finalized? Or is there some exception since they're both already in their 70s? Dad feels guilty about her potentially losing income, but the relationship has become impossible. Any insight from people who've dealt with this situation would be really helpful.
17 comments
Savannah Vin
Unfortunately, the 10-year marriage duration requirement is firm for ex-spouse benefits. There's no age exception. Since they've only been married for 7 years, she will lose access to spousal benefits based on your father's record once the divorce is finalized. She would need to rely on her own work record for benefits, or if she was previously married for 10+ years to someone else, she might qualify for ex-spouse benefits on that person's record. The 10-year rule is specifically designed to prevent short-term marriages from resulting in lifetime benefit entitlements.
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Liam Cortez
•Thank you for clarifying. That's what I was afraid of. Do you happen to know if there's any grace period after the divorce before benefits stop? Or does it happen immediately when the divorce is finalized?
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Mason Stone
My mom went thru similar thing but was married 9 years and 8 months and they told her sorry, has to be full 10 years no exceptions!!! Seems really unfair when ur that close IMO. She had to survive on just her own SS which was way less. Ur dads wife should look into if she qualifies for any benefits from previous marriages maybe???
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Liam Cortez
•Wow, that's rough for your mom being so close to the 10-year mark! I'll definitely suggest checking about previous marriages - that's a good point. My dad mentioned she was married before, but I don't know for how long.
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Makayla Shoemaker
I went through this exact scenario with my ex. The SSA is VERY strict about that 10-year requirement. Even one day short and the ex-spouse gets nothing! What people don't realize is that the decision to divorce before 10 years has PERMANENT financial consequences for the lower-earning spouse. If your father feels guilty, he could consider delaying the divorce until they hit the 10-year mark, or negotiate a private financial arrangement as part of the divorce settlement to offset her loss of benefits. But from a strictly Social Security perspective, she'll lose those spousal benefits immediately upon divorce.
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Liam Cortez
•Thanks for sharing your experience. Dad's definitely not willing to stay married 3 more years - the relationship has deteriorated too much. I'll mention the possibility of some kind of financial arrangement in the divorce settlement. He's not a wealthy man, but he might be open to something to help her adjust.
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Christian Bierman
Let me explain exactly what happens in this situation. Once the divorce is finalized, her spousal benefits will terminate the month after the final decree. Since they've only been married 7 years, she cannot qualify for divorced spouse benefits. However, she should immediately contact SSA to determine what benefits she might be eligible for on her own record. If she worked at least 10 years (40 credits), she'll likely qualify for retirement benefits on her own record. The SSA won't automatically switch her - she needs to apply. Also, if she was previously married for at least a decade to someone else, she could potentially claim on that ex-spouse's record instead.
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Liam Cortez
•This is extremely helpful information, especially about her needing to contact SSA herself to switch to her own benefits. Would they notify her about the termination of spousal benefits, or could she be caught off guard if she doesn't take action?
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Christian Bierman
SSA should send her a notice, but the system isn't perfect. She should be proactive and contact them as soon as the divorce is finalized. She'll need to provide the divorce decree. The most important thing is to avoid gaps in her benefits - if she waits too long, she could miss payments while her new benefit situation is being processed.
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Mason Stone
•good luck getting thru to SSA tho!! my mom tried for WEEKS and kept getting disconnected or wait times of 3+ hours!! so frustrating!!!
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Emma Olsen
I had trouble reaching SSA about my divorced spouse benefits too. After getting disconnected five times and waiting on hold for hours, I found this service called Claimyr that got me through to a real person at SSA in about 20 minutes. It worked really well for me when I was desperate to sort out my benefit situation after my divorce. You can see how it works at https://youtu.be/Z-BRbJw3puU or just go to claimyr.com. Saved me a ton of stress during an already stressful time.
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Liam Cortez
•Thanks for the tip! I'll pass this along to her. Getting through to SSA does sound like a nightmare, and she's not the most tech-savvy person so anything to make it easier would probably help.
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Lucas Lindsey
Just wondering... has your dad considered a legal separation instead of divorce? In some states, you can be legally separated but technically still married. might be a loophole to keep her benefits? just a thought.
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Savannah Vin
•This is incorrect advice. For Social Security purposes, you must be legally married - legal separation is treated the same as divorce. The 10-year rule applies to the actual legal marriage duration until the divorce is finalized. Legal separations don't preserve spousal benefits.
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Sophie Duck
I HATE how the government makes these arbitrary cutoffs!!! My sister lost benefits after 9.5 years of marriage to an abusive husband she HAD to leave for her safety!!! Now shes struggling on minimal SS while her ex gets to live comfortably. The whole system is RIGGED against vulnerable people, especially women who may have stayed home or worked less to raise kids. 10 years or nothing is CRUEL and your father's wife is about to learn how heartless our system really is. Sorry to be negative but it makes my blood BOIL.
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Makayla Shoemaker
•While I understand your frustration, the 10-year rule exists to create a clear standard for when marriage is considered long-term enough to create permanent benefit entitlements. Without some cutoff, benefits administration would be impossible. The real problem is that many people don't understand these rules BEFORE making divorce decisions. In cases of abuse, there should perhaps be exceptions, but for standard divorces, people need to consider the financial implications of timing.
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Liam Cortez
Thank you all for the helpful responses. I've learned a lot and will share this information with both my dad and his soon-to-be ex. It sounds like she definitely needs to be proactive about contacting SSA as soon as the divorce is finalized to see what benefits she might qualify for on her own record. I'll also suggest they discuss some kind of temporary financial arrangement in the divorce settlement to help her transition, since the spousal benefits will end. I appreciate everyone sharing their experiences and knowledge!
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