The Savings Game: Reader questions about Social Security benefits
Q. After almost 10 years of marriage, my divorce has been finalized, but unfortunately the marriage ended a few months prior to 10 years. It is my understanding that unless the marriage lasted 10 years, I would not eligible for a spousal benefit from Social Security. My ex did work a sufficient number of years to qualify for a Social Security benefit, so I know that I would eventually have been eligible for a spousal benefit had the marriage lasted 10 years. My question is whether there are any exceptions to the 10-year rule.
A. I asked some Social Security experts I work with whether there are any exceptions to the 10-year minimum for marriage in order to be eligible for spousal and survivor benefits. They were aware of only one exception. The exception is applicable when an individual who was divorced prior to the end of 10 years of marriage is still taking care of a child from the marriage who is under the age of 16, or disabled, and eligible for children’s benefits. In this situation, the 10-year marriage requirement and the age requirements are waived. Under these conditions, the individual who was divorced would be eligible for spousal benefits until the child reaches age 16.

