More Minnesota couples are getting divorced later in life when Social Security retirement benefits are a pertinent issue. Although the rules that govern Social Security benefits are complicated, most married people are aware that a lower-earning spouse can claim spousal benefits based on the higher-earning spouse's earnings. After a divorce, the lower-earning ex-spouse may still be allowed to claim spousal benefits on their ex-spouse's earnings.
The length of marriage is an important factor in determining whether a divorced person can claim spousal benefits. To remain eligible for spousal benefits, a divorced person must have been married for at least 10 years. The divorce must be two years old before a person can file a claim for Social Security spousal benefits.