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If I Was Married To My Ex-Spouse Twice, And the Total Years of Marriage Is More Than 10, Do I Meet the 10 Year Requirement for Divorced Spouse Benefits?

October 3, 2015

 

 

QUESTION:

 

I was married to my ex two times.  Combined, the marriage years are more than 10 years.  Can I collect a divorced spouse retirement benefit based on his work record? I.e. Do the 10 years of marriage to the man have to be consecutive?

 

ANSWER: 

 

Yes, the do.  HOWEVER, "this requirement is met if the divorce became final on or after the 10th anniversary of the marriage. This is so even if this period was interrupted by a prior divorce, provided the remarriage took place no later than the calendar year immediately following the calendar year of the divorce. Even when this requirement was not met with respect to the claimant's last divorce, she or he may qualify based on a 10-year period of marriage immediately before a prior divorce."

https://secure.ssa.gov/poms.nsf/lnx/0300202005

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