AARP Hearing Center
It’s possible. Social Security requires that two people be married for at least 10 years for one to collect divorced-spouse benefits based on the other’s earnings record. But they don’t necessarily have to be married for 10 years continuously. It depends on when the first divorce and the second wedding occur.
Under Social Security rules, you meet the length-of-marriage test if your divorce became final on or after the 10th anniversary of the marriage. This is true even if a prior divorce interrupted this period, provided the remarriage took place no later than the calendar year immediately following the year of the divorce.
However, if the remarriage occurred in the second calendar year after the divorce or later, the periods of marriage cannot be combined to meet the 10-year requirement. Basically, Social Security requires that you were spouses in each of 10 or more consecutive years for one partner to claim ex-spouse benefits.
Here are some examples of how it works:
- John and Mary were married twice, the first time for seven years and the second for five years. Their first divorce was finalized in 2018, they remarried in 2019, and they divorced again in 2024. The two marriages can be combined to meet the 10-year rule, and John can claim ex-spouse benefits on Mary’s record.
- Peter and Ann also had a seven-year marriage that ended in 2018. They remarried in 2020 but divorced five years later. Ann cannot claim benefits on Peter’s record because the remarriage took place in the second calendar year after the first divorce.
- Heather and Susan got hitched in December 2015 and divorced in April 2022. They remarried in August 2023 but divorced again in January 2026. Although they were legally married to each other for less than nine years in total, they were married during each of the 10 calendar years from 2015 to 2025, and more than 10 years passed between their first marriage and second divorce. They can claim ex-spouse benefits.
Keep in mind
- If you married and divorced the same person twice and one of those marriages lasted at least 10 years, the question is moot. You can claim ex-spouse benefits, assuming you meet the other eligibility criteria.
- If you are married to someone else, you probably can’t collect benefits on a living former spouse’s record, regardless of the length, timing and frequency of your previous union or unions.
More on Social Security
Can I get an estimate of the Social Security I can collect on my ex-spouse's record?
Can I collect Social Security as a divorced spouse and wait to claim my own retirement benefit?
Can I collect Social Security survivor benefits when my ex-spouse dies?