if a man and woman in California are married for 5 years get a divorce but continue living together, purchase a home together and 2 years later remarry with the second marriage lasting another 3 years would the state of California and SSA recognize their marriage as lasting 10 years

Hi,

California doesn't recognize common law marriages, so the only way that the couple you mention could qualify for divorced spousal benefits is if they were married for at least 10 consecutive years. Two marriages separated by a divorce can sometimes be considered as continuous, but only if the couple's remarriage occurs in the calendar year immediately following the year in which the prior divorce occurred.

For example, say Bob & Dee get married on July 1 2001. They subsequently get divorced on January 2 2005. Bob & Dee then remarry each other on December 31 2006, but get divorced again on July 1 2011. In that case, Bob & Dee would meet the 10 year duration of marriage requirement for divorced spousal benefits. Their first divorce could be disregarded because they remarried in the calendar year following the calendar year of their divorce (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202005).

Best, Jerry