Divorce introduces significant complexity into Social Security planning. Many divorced individuals don’t realize they may be entitled to benefits based on their former spouse’s work record. These divorced spouse benefits can provide crucial income in retirement, particularly for people who took time out of the workforce during their marriage to raise children or support their spouse’s career.
Understanding how divorce affects Social Security requires navigating rules about marriage duration, remarriage, and benefit calculations that differ from those applying to current spouses. The good news is that claiming divorced spouse benefits doesn’t affect your ex-spouse’s benefits in any way; their payments remain exactly the same regardless of whether you claim on their record.
This guide explains who qualifies for divorced spouse benefits, how these benefits are calculated, and strategies for maximizing your Social Security income after divorce.
Table of Contents
- What Are the Eligibility Requirements for Divorced Spouse Benefits?
- How Are Divorced Spouse Benefits Calculated?
- How Do You Claim Divorced Spouse Benefits?
- How Does Remarriage Affect Your Eligibility?
- Can Divorced Spouses Receive Survivor Benefits?
- What If You’ve Been Married Multiple Times?
- Does It Matter If Your Ex-Spouse Is Still Working?
- When Should You Claim Divorced Spouse Benefits?
- How to Protect Your Divorced Spouse Benefits
- Frequently Asked Questions
What Are the Eligibility Requirements for Divorced Spouse Benefits?
To qualify for Social Security benefits based on your ex-spouse’s work record, you must meet several specific requirements. All of these conditions must be satisfied; missing even one makes you ineligible.
The Core Requirements
- Marriage duration: You must have been married to your ex-spouse for at least 10 years. This is measured from the date of marriage to the date the divorce was finalized. Even being one day short of 10 years disqualifies you.
- Current marital status: You must be currently unmarried. If you remarried after your divorce, you generally cannot claim on your first spouse’s record (with some exceptions for survivor benefits).
- Age requirement: You must be at least 62 years old to claim divorced spouse benefits.
- Ex-spouse’s eligibility: Your ex-spouse must be entitled to Social Security retirement or disability benefits. However, if you’ve been divorced for at least two years, you can claim even if your ex hasn’t yet filed for their own benefits, as long as they’re old enough to qualify.
The flowchart above walks through the key eligibility questions. If you answer “yes” to all four questions, you may be eligible for divorced spouse benefits. The two-year divorce rule is particularly important: it allows you to claim independently of your ex-spouse’s actions after you’ve been divorced for at least two years.
How Are Divorced Spouse Benefits Calculated?
Divorced spouse benefits work similarly to spousal benefits for current marriages, but with some important distinctions in how they interact with your own benefits.
The Basic Calculation
At full retirement age (FRA), you’re entitled to the higher of:
- Your own retirement benefit based on your work history, or
- 50% of your ex-spouse’s full retirement age benefit (their Primary Insurance Amount)
You don’t get both; you receive whichever is higher. Social Security automatically pays you the higher amount.
The chart above illustrates how the comparison works in different scenarios. Notice that in Scenario A, claiming the divorced spouse benefit yields significantly more than the person’s own benefit. In Scenario B, the person’s own benefit is higher, so they would receive that instead.
Early Claiming Reductions
If you claim divorced spouse benefits before your full retirement age, your benefit is permanently reduced. The reduction is similar to early claiming reductions for other benefits:
- Claiming at 62 (if FRA is 67) reduces the divorced spouse benefit to approximately 32.5% of the ex-spouse’s PIA instead of 50%
- Each month you wait between 62 and FRA increases your benefit slightly
- Unlike your own retirement benefit, divorced spouse benefits do not earn delayed retirement credits after FRA
How Do You Claim Divorced Spouse Benefits?
Claiming divorced spouse benefits requires providing documentation of your marriage and divorce to the Social Security Administration.
Required Documentation
- Proof of marriage: Marriage certificate or other official documentation
- Proof of divorce: Final divorce decree showing the date the divorce was finalized
- Your ex-spouse’s Social Security number: If you don’t have this, SSA can sometimes look it up, but it speeds the process to provide it
- Standard claiming documents: Birth certificate, proof of citizenship, and your own Social Security information
The Application Process
You can apply for divorced spouse benefits by phone, in person at a Social Security office, or partially online. Because divorced spouse claims require documentation review, you’ll likely need to speak with an SSA representative at some point in the process.
When you apply, Social Security will calculate both your own retirement benefit and your divorced spouse benefit and automatically pay you the higher amount. You don’t need to specify which benefit you want.
How Does Remarriage Affect Your Eligibility?
Remarriage has significant implications for divorced spouse benefits, but the rules differ between retirement benefits and survivor benefits.
Retirement Benefits
If you remarry, you generally cannot collect divorced spouse retirement benefits based on your previous marriage. However:
- You may be able to claim spousal benefits based on your new spouse’s record
- If your second marriage ends (through death or divorce), your eligibility for benefits on your first spouse’s record may be restored
Survivor Benefits
The remarriage rules are more lenient for divorced spouse survivor benefits. If you remarry after age 60 (or age 50 if you’re disabled), you can still claim survivor benefits based on your deceased ex-spouse’s record. This is an important exception that can provide significant income.
Can Divorced Spouses Receive Survivor Benefits?
Yes. If your ex-spouse dies, you may be eligible for divorced spouse survivor benefits, which can be significantly higher than divorced spouse retirement benefits.
Divorced Survivor Benefit Requirements
- Marriage must have lasted at least 10 years
- You must be at least 60 years old (or 50 if disabled)
- You must be unmarried, OR you remarried after age 60 (50 if disabled)
How Much Are Divorced Survivor Benefits?
At full retirement age, the divorced spouse survivor benefit equals 100% of what your ex-spouse was receiving (or would have received). This is double the 50% maximum for divorced spouse retirement benefits, making survivor benefits particularly valuable.
If your ex-spouse delayed claiming past FRA and earned delayed retirement credits before dying, you inherit those credits as part of the survivor benefit. This can make the survivor benefit even higher than the ex-spouse’s FRA benefit.
What If You’ve Been Married Multiple Times?
If you have multiple former spouses and each marriage lasted at least 10 years, you may be eligible for benefits on more than one record. Social Security will pay you the highest benefit you qualify for.
Comparing Benefits from Multiple Ex-Spouses
If you were married twice for at least 10 years each and are now unmarried, Social Security will compare:
- Your own retirement benefit
- 50% of ex-spouse #1’s PIA
- 50% of ex-spouse #2’s PIA
You receive whichever is highest. You cannot combine benefits from multiple ex-spouses; it’s an either/or decision based on which provides the largest payment.
Does It Matter If Your Ex-Spouse Is Still Working?
Your ex-spouse’s current work status can affect timing but not your ultimate eligibility.
If Your Ex-Spouse Hasn’t Claimed Benefits
You can still claim divorced spouse benefits even if your ex-spouse is still working and hasn’t filed for their own benefits, provided:
- You’ve been divorced for at least two years
- Your ex-spouse is at least 62 years old
This “independently entitled” rule prevents an ex-spouse from blocking your benefits by refusing to claim their own.
Impact on Your Ex-Spouse
Your claim has absolutely no effect on your ex-spouse’s benefits. Their payment amount remains the same whether you claim or not. They are not even notified when you claim on their record. This is a one-way relationship that benefits you without costing them anything.
When Should You Claim Divorced Spouse Benefits?
The optimal claiming timing for divorced spouse benefits depends on your individual circumstances.
Key Timing Considerations
- Your own benefit vs. divorced spouse benefit: If your own benefit will be higher, you might delay to earn delayed retirement credits on your own record (divorced spouse benefits don’t earn delayed credits)
- Early claiming reductions: Claiming before FRA reduces benefits permanently
- Financial need: If you need income now, waiting for theoretical optimization may not be practical
- Health and life expectancy: Factor in how long you expect to receive benefits
Strategy When Your Own Benefit Is Lower
If the divorced spouse benefit will definitely be higher than your own benefit, claiming at FRA often makes sense. You won’t earn delayed credits by waiting past FRA for the divorced spouse portion, so there’s no financial benefit to waiting past your full retirement age.
Strategy When Benefits Are Close
If your own benefit is close to or higher than the divorced spouse benefit, you might consider delaying past FRA to earn delayed retirement credits on your own benefit. However, calculate carefully; the math can be complex.
How to Protect Your Divorced Spouse Benefits
Taking proactive steps can help ensure you receive all the benefits you’re entitled to.
Before Divorce
- If you’re considering divorce and are close to the 10-year threshold, understand the financial implications of timing
- Consult with a divorce attorney who understands Social Security implications
- Keep copies of all marriage and divorce documentation
After Divorce
- Create a My Social Security account to track your own benefit
- Request a benefit estimate including divorced spouse benefits as you approach 62
- Keep records of your ex-spouse’s Social Security number and full name
- Consider how remarriage would affect your eligibility before walking down the aisle again
Next Steps for Divorced Individuals
- Confirm your marriage duration: Review your divorce decree to verify you meet the 10-year requirement
- Gather documentation: Locate your marriage certificate and divorce decree
- Check your own benefit: Create a My Social Security account and review your estimated benefits
- Research your ex-spouse’s benefit: If you don’t know their approximate benefit, SSA can help estimate your divorced spouse benefit
- Consider timing: Evaluate when claiming makes the most sense for your situation
- Consult an expert: For complex situations, consider speaking with a financial advisor familiar with Social Security
Final Thoughts
Divorced spouse benefits represent an important Social Security provision that many people overlook. If you were married for at least 10 years and are currently unmarried, you may be entitled to significant monthly income based on your ex-spouse’s work record. This benefit costs your ex-spouse nothing and can substantially improve your retirement security.
The key requirements are straightforward: 10 years of marriage, currently unmarried, age 62 or older, and an ex-spouse who’s at least 62 or already receiving benefits. If you meet these criteria, take time to understand how divorced spouse benefits compare to your own retirement benefit and make an informed decision about when to claim.
Don’t leave money on the table. Even if your relationship with your ex-spouse is contentious, your claiming has no impact on their benefits. This is money you earned through years of marriage, and you deserve to receive it.
Frequently Asked Questions
Will my ex-spouse know if I claim on their record?
No. Social Security does not notify your ex-spouse when you claim divorced spouse benefits. Your claim is completely confidential and has no effect on their benefits whatsoever. They will receive the same amount whether you claim or not.
What if I don’t know my ex-spouse’s Social Security number?
While having the number speeds up the process, it’s not strictly required. Social Security can usually locate the record using your ex-spouse’s full name, date of birth, and other identifying information. Bring as much information as you have to your appointment, including your ex-spouse’s parents’ names, place of birth, and any other details that might help.
Can I claim divorced spouse benefits if my ex-spouse remarried?
Yes. Your ex-spouse’s current marital status has no bearing on your eligibility. They can be remarried multiple times, and you’re still eligible for divorced spouse benefits as long as you meet the requirements. Their new spouse may also be entitled to spousal benefits; multiple people can receive benefits based on the same worker’s record.
What if my ex-spouse hasn’t worked enough to qualify for Social Security?
If your ex-spouse hasn’t earned the required 40 credits (approximately 10 years of work), they’re not entitled to Social Security benefits, which means you can’t claim divorced spouse benefits on their record. In this case, you would only receive benefits based on your own work history.
What happens to divorced spouse benefits if I start receiving my own benefit first?
Under current rules, when you file for one benefit, you’re deemed to file for all benefits you’re eligible for. Social Security automatically compares your own benefit to the divorced spouse benefit and pays you the higher amount. You can’t strategically claim one now and switch to the other later (a strategy that was possible before 2016 rule changes).
Can I receive divorced spouse benefits while my ex-spouse is still alive and then switch to survivor benefits after they die?
Yes. You might receive divorced spouse retirement benefits (up to 50% of ex’s PIA) while your ex-spouse is alive, then switch to divorced survivor benefits (up to 100% of what they were receiving) after they die. The survivor benefit is often significantly higher, so this switch can substantially increase your income.