Skip to main content
S
Spockearss
Contributor ⭐
April 1, 2024

Social Security benefit amount for ex-spouse Marriage less then 10 years

  • April 1, 2024
  • 4 replies
  • 3666 views

Situation, Wife has no credits, Husband does.  Both over 65 now, Got married a few years ago, waited the one year and she now receives the 50% of his.  Now if they Divorce well under the 10 year mark, will she loose her 50% and get nothing since she has no credits?

      This topic has been closed for replies.

      4 replies

      GailL1
      GailL1
      Community Champion ⭐⭐⭐
      April 1, 2024

      NO - her spousal benefit is her benefit now even if the divorce happens.  

       

      People always get the highest benefit amount to which they are entitled at the time.

       

       

      IT‘S ALWAYS SOMETHING . . . . .. . . . Roseanne Roseannadanna
      D
      DiverseM589070
      Contributor ⭐
      April 1, 2024

      If a person doesn't have their own Social Security money but gets some because they're married to someone who does, they might not keep getting it if they get divorced before being married for 10 years.

      Usually, if they were married for less than 10 years and then get divorced, the person who was getting money based on their partner's work might stop getting it after the divorce.

      GailL1
      GailL1
      Community Champion ⭐⭐⭐
      April 1, 2024

      @DiverseM589070 

      No it does not work that way - the (10) year marriage rule only apples to those who are divorced but were married for (10) years or more - they are able to file for DIVORCED Spouse benefits - spousal or survivors.  In fact, SSA gives them the added ability to get their DIVORCED spouse benefit even when their spouse is still working - the spouse in this DIVORCED case just needs to be 62 years of age.

       

      The spouse of the original poster(OP) got her spousal benefits already as a spouse - married for 1-year or one of the parents of their minor or disabled child together.

       

      Ex-Spouse Benefits and You | SSA

       

       

      IT‘S ALWAYS SOMETHING . . . . .. . . . Roseanne Roseannadanna
      S
      SpockearssAuthor
      Contributor ⭐
      April 15, 2024

      Sorry but the person involved talked to 2 different people from Social Security Administration and they both said that the person without any credits, even though they have been receiving checks through the spouses credits will stop receiving them if they divorce before the 10 year period.

      Terms & ConditionsAccessibility statement