Divorced Exception to the Rule

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We received a phone call this week from a lady that wanted some clarification about something she had heard – this is a red flag to us because most of what people HEAR is fake news or not a legitimate rule of Social Security.  Anyway, she had been married for 8 years, divorced, and two years later married the same gentleman and that lasted 6 years.  She wanted to draw a Spousal Benefit from his benefit and HEARD that you had to be married 10 years to qualify.

Well – she was accurate about the 10 years, but it must be consecutive ten years.  The rule is worded as follows:

The standard divorce rules for Social Security say that if an individual was married for at least ten years to their spouse and then divorced, he or she is eligible to collect spousal benefits on the earnings of the ex-spouse as long as the recipient is currently single.

10 Year Rule:

This requirement is met if the divorce became final on or after the 10th anniversary of the marriage. This is so even if this period was interrupted by a prior divorce, provided the remarriage took place no later than the calendar year immediately following the calendar year of the divorce.

So, had she remarried the same gentleman within one year of the divorce, the exception to the rule would qualify her for benefits.  Unfortunately, this was not the case in her situation.

Again, be careful of what you hear and what you read.  Most of our readers take their taxes to an expert for be prepared because they get a better result.  Why?  Because these professionals are experts in their field and know the tax law.  Consider the same for your Social Security benefit.  Knowing the rules and regulations can offer you options that you were not aware existed. Why?  Because we are knowledgeable of the 2,728 rules and regulations.

Call Pillars LLC at 601-954-0699 and Roy and Diane will help you with these decisions and show you how to maximize your benefit and accomplish your personal goals.  They are both National Social Security Advisors and Roy is a former CPA of 40+ years.  We are in Corinth but service all 50 states. www.pillarsllc.com