Ask the Experts: Lost Rights to Social Security

Q. I married a female U.S. citizen in the 1990s and we divorced after nine years. I then lost all rights to Social Security benefits as a spouse because the marriage lasted less than 10 years, as required by law. I returned to my native Australia but visited my ex-wife several times in America. Last year, we remarried each other in our 80s. Can the year that we've been remarried so far be added to our first nine years of marriage? I'm hoping to make up the 10-year marriage requirement so I can begin collecting Social Security.

A. You are now eligible to receive Social Security benefits, but not because your one year of remarriage can be added to your previous nine years. Social Security's rules aren't applied that way. A divorced individual can claim benefits on his or her ex-spouse's work record only if their marriage lasted for at least 10 consecutive years.

However, since you are now remarried, you are subject to different rules. The 10-year rule is for divorced people. In your case, you can qualify for your spouse's benefits if your current marriage has lasted for one continuous year.

For more information on family benefits, go to Social Security online. Source: Stan Hinden