Ask Larry

Do I Qualify For My Ex-Husaband's Social Security?

I was married 6 days short of 10 years. My husband decided he didn't want divorced and moved home the same week. The judge said we had a year to change our mind. Do I qualify for his social security benefits?

Hi,

It doesn't sound like you would. You'd need to have been married for at least 10 years to the day to qualify for divorced spousal benefits. So, if you didn't change your mind about staying married and your divorce was final anytime prior to your 10th anniversary, then you likely won't qualify.

That said, states laws vary with regard to when they consider a divorce to be final. You could always file an application for divorced spousal benefits in order to get a formal determination from Social Security.

Best, Jerry

Posted: 
Jun 22 2020 - 8:31am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.