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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
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?

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.

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Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA

Jeffrey Hammond

Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
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Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA

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

Last Modified: 01/16/2015

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