The Social Security Divorce Rule Everyone Over 62 Needs to Know
The 10-year marriage rule is one of Social Security’s most important and most misunderstood requirements. For individuals over age 62 considering divorce, this rule can determine whether thousands of dollars in retirement benefits remain available or disappear entirely. Under Social Security law, anyone married for at least 10 years may qualify for spousal benefits based on an ex-spouse’s work record. But if the marriage ends even a few months early, the lower-earning or nonworking spouse may permanently lose access to those benefits. When a divorce has been finalized for less than two years, an additional requirement applies: the ex-spouse must already be receiving Social Security before any spousal benefits can be claimed.
Rising divorce rates among older adults make this rule more relevant than ever. Today, 36% of people over age 50 are divorced or have experienced a divorce. Among individuals over 65, the divorce rate has tripled since 1990, and one in ten people in this age group is now divorced. The financial stakes attached to Social Security benefits and the longevity of modern retirement mean that timing matters.
Eligibility rules determine how much financial support is available after divorce. To claim Social Security spousal benefits, a divorced individual must be at least 62 and must have been married for a full 10 years. If the divorce took place less than two years ago, the ex-spouse also needs to be receiving Social Security for benefits to begin. At full retirement age, eligible individuals can receive up to 50% of an ex-spouse’s benefit amount.
Remarriage adds another layer of complexity. If someone remarries before age 60, they lose the ability to claim spousal benefits based on an ex-spouse’s work record. Remarrying after age 60, however, preserves the option to choose between benefits from a current spouse or an ex-spouse whichever offers more financial support. To claim spousal benefits from a current spouse, that spouse must also be at least 62 and actively receiving Social Security.
A real-world example underscores the consequences of timing. Susan and Mark divorced after 9 years and 8 months of marriage. Had the divorce been delayed by just four months, Susan would have qualified for an estimated $1,500 per month based on Mark’s Social Security benefit. Because the marriage ended before the 10-year threshold, she is ineligible for both spousal and survivor benefits tied to Mark’s earnings. For individuals without a strong work record of their own, this can represent a substantial loss of long-term income.
The 10-year rule is strict, but understanding it can prevent costly mistakes. For anyone approaching divorce later in life, knowing the timing requirements is essential to preserving Social Security benefits that may play a major role in long-term financial security.
