I was married for 7 days shy of 10 years — will that ruin my chances of getting Social Security survivor benefits?

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By Maurie Backman Updated Published
I was married for 7 days shy of 10 years — will that ruin my chances of getting Social Security survivor benefits?

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Many older people end up relying heavily on Social Security for income once they end their careers. While the program is famous for retired worker benefits, it also provides critical survivor benefits for current and former spouses. However, for 2026, staying informed on specific eligibility rules and recent cost-of-living adjustments is more important than ever.

One example is spousal benefits. Even if you never worked, you may be able to claim Social Security when you’re older as a current or former spouse of someone who’s eligible for benefits. Similarly, Social Security pays survivor benefits to the spouses and ex-spouses of beneficiaries who pass away. In this Reddit post, a user over 70 is questioning their eligibility—and the answer highlights how rigid the Social Security Administration (SSA) can be.

The Rules Don’t Tend to Have Much Wiggle Room

The individual in question was married to their ex-spouse for 10 years minus exactly seven days. This is a significant problem because, to receive survivor benefits as a divorcee, the marriage must have lasted a full 10 years. While exceptions exist for those caring for an ex-spouse’s minor or disabled child, most applicants find the 10-year mark to be an absolute requirement.

For those who do qualify in 2026, it is important to note the recent 2.8% Cost-of-Living Adjustment (COLA), which has increased the average survivor benefit. Additionally, if you are under full retirement age, the 2026 earnings limit has risen to $24,480; earning above this may temporarily reduce your benefits.

Strategic Claiming and the Remarriage Loophole

Many survivors don’t realize that survivor benefits are not subject to “deemed filing.” This means you can strategically choose to claim a survivor benefit as early as age 60 while allowing your own retirement benefit to grow until age 70. This flexibility allows for a higher total lifetime payout that many overlook.

Furthermore, while remarrying usually ends eligibility for standard spousal benefits, remarrying after age 60 (or age 50 if disabled) does not disqualify you from receiving survivor benefits based on a previous marriage. This is a critical rule for those considering marriage later in life who worry about losing their financial safety net.

Know How Social Security Works

If you find yourself short of the 10-year marriage requirement, you should focus on benefits based on your own earnings record. It is also wise to consider potential offsets like the Government Pension Offset (GPO) if you worked in a job where you didn’t pay Social Security taxes, as this can significantly reduce survivor payouts.

The sooner you understand what retirement income sources to count on, the better. When you are ready to apply, remember that survivor benefits often require a phone or in-person appointment rather than a strictly online application. Ensure you have your original marriage certificate and divorce decree ready to prove you met the necessary duration requirements.

Editor’s Note: This article has been updated for 2026 to include the 2.8% COLA increase, the updated $24,480 earnings limit, and critical strategies regarding the “deemed filing” exception. We have also added information concerning the remarriage rule for those over 60 and potential pension offsets to provide a more comprehensive guide for modern survivors.

Photo of Maurie Backman
About the Author Maurie Backman →

Maurie Backman has more than a decade of experience writing about financial topics, including retirement, investing, Social Security, and real estate. Her work has appeared on sites that include The Motley Fool, USA Today, U.S. News & World Report, and CNN Underscored.

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