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dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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My ex wife applied benefits and was told she could not claim

Customer Question

My ex wife applied for early benefits and was told she could not claim based on her first husbands earnings because she was then married to me. I am on full benefits, and we are newly divorced after a 13 month marriage. Can she now claim based on my earnings record?
Submitted: 1 year ago.
Category: Social Security
Expert:  Arthur Rubin replied 1 year ago.

Thank you for using Just Answer.

No. If divorced, the marriage must have lasted 10 years for it to work. If she was married to her first husband for 10 years, she can reapply based on his record.