I have a friend who was married less than 7 yrs and divorced and they had 1 child. She is just over 62 yrs and says she is collecting on her ex husbands SS record until she turns 70 then she will collect on her own SS record. The child is over 18 and her collecting is not due to disability, handicapped or other reason. She says the 10 yr rule is for those who had no children. Is this true?

Hi,

If your friend was married for less than 10 years, the only way that she could legally be drawing benefits on her ex-husband's record is as a surviving divorced mother. To qualify for surviving divorced mother's benefits you must have an eligible child of the deceased worker in your care, and the child must be a) entitled to benefits on the deceased worker's record and b) either under age 16 or disabled based on Social Security's definition (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0416.html).

Therefore, based on your description of your friend's circumstances her ex would have to be deceased and her child would have to be drawing benefits as a disabled adult child and in your friend's care in order for her to qualify for benefits on her ex-spouse's record.

Best, Jerry