Dear Larry,
I have a question I hope you can answer. I married about 4 years ago. My spouse and I reached our FRA in late 2020 and I filed for SS based on my record. My spouse filed for spousal benefits on my record. My question is, will my spouse lose her spousal benefits if we get a divorce now? Does the 10-year rule apply if you're already collecting spousal benefits when you get divorced? Thanks, Johnny

Hi Johnny. Yes, the benefits that your spouse is collecting from your account would terminate if you divorce prior to being married for 10 years (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202040). And, yes, the 10 year minimum marriage duration requirement still applies for divorced spousal benefit eligibility even if a person has previously been receiving spousal benefits.

Best, Jerry