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Can My Ex and I Remarry in Order to Make Social Security's 10-Year Marriage Requirement for Benefits?

  • January 16th, 2015
Q
I was married for nine years but now I'm divorced from my ex.  Social Security says you have to be married at least 10 years in order to receive benefits on a former spouse’s Social Security record, meaning that we're short one year.  If we were to get remarried for a year or more, would that count as at least 10 years?
A

That’s an interesting strategy, but I’m afraid not.  The Social Security Administration says that a person must be divorced after at least “10 straight years of marriage” to receive benefits on the ex-spouse’s work record. So if you can last at least another decade together, you should be in business.

For more on how divorce and remarriage affect Social Security benefits, click here.

Local Elder Law Attorneys in Ashburn, VA

Ron Landsman

Ron M. Landsman, P.A.
Rockville, MD

Evan Farr

The Law Firm of Evan H. Farr, P.C.
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Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA

For more on Social Security benefits for spouses and children, click here.


Last Modified: 01/16/2015

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