Social Security benefits after divorce are an often-overlooked financial consideration. The 10-year marriage Social Security rule — which requires a marriage of at least 10 years for divorced spousal benefits — is one of the most important numbers in long-marriage divorce planning.
The 10-Year Marriage Rule for Social Security
The Social Security 10-year marriage rule allows a divorced spouse to receive benefits based on their former spouse's earnings record if: the marriage lasted at least 10 years; the divorced spouse is at least 62; the divorced spouse is currently unmarried; and their own benefit is less than the divorced spousal benefit. The divorced spouse receives up to 50% of the former spouse's full retirement benefit. A 10 year marriage qualifies — a marriage of 9 years and 11 months does not. This makes the exact divorce timing significant when a marriage is close to the threshold.
Social Security Survivor Benefits After Divorce
If a former spouse dies, a divorced surviving spouse can receive survivor benefits — up to 100% of the deceased former spouse's benefit — if the 10-year marriage requirement is met and the divorced surviving spouse has not remarried before age 60. Remarriage after age 60 does not disqualify a divorced spouse from survivor benefits.
Divorce Timing and the 10-Year Rule
For a marriage approaching the 10 year marriage threshold, the timing of the final judgment can have significant Social Security consequences. Divorcing before the 10-year mark means losing divorced spousal and survivor benefits permanently. Furubotten Law, APC advises clients on the Social Security implications of divorce throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.