What a divorced spouse can receive from Social Security

If you were married for at least 10 years and are now divorced, you may be able to receive Social Security benefits based on your ex-spouse's earnings record — even if they have not yet retired. You do not need your ex-spouse's permission, and claiming on their record does not reduce the amount they receive. The benefit is based on their earnings history, not on any money they paid into your account.

The amount you receive depends on your age when you claim and on your ex-spouse's Primary Insurance Amount (PIA) — the full retirement benefit they would receive at their full retirement age. You can receive a reduced benefit as early as age 62, or a larger benefit if you wait until your full retirement age or later.

You must meet several conditions: you must be at least 62 years old, the marriage must have lasted 10 years or more, you must be unmarried now, and your ex-spouse must be at least 62 (or deceased). If your ex-spouse has not yet retired, you can still claim on their record once they turn 62, even if they have not filed for benefits themselves.

Key Takeaways

  • You can claim on your ex-spouse's Social Security record if you were married for 10 years or more, are now unmarried, and are at least 62 years old.
  • Your ex-spouse does not have to be retired or have filed for benefits for you to claim on their record.
  • The benefit amount depends on your age when you claim and on your ex-spouse's Primary Insurance Amount, not on your own earnings.
  • If you remarry, you generally lose the right to claim on your ex-spouse's record, though exceptions exist if you remarry after age 60.
  • You will need to contact the Social Security Administration directly to file; there is no online form for divorced-spouse claims.

The 10-year marriage requirement and how it is counted

Social Security counts the years of your marriage from the date you were legally married to the date the divorce was finalized. The marriage must have lasted at least 10 years. If your marriage lasted 9 years and 11 months, you do not meet the requirement. If it lasted exactly 10 years, you do.

The 10-year period does not have to be continuous. If you were married, divorced, and then remarried to the same person, Social Security will add the years together to see if the total reaches 10. However, if you divorced and then married someone else, only the years with your current ex-spouse count toward the 10-year threshold.

You will need to provide your divorce decree or a certified copy of it when you file. This document shows the exact date the marriage ended. If you cannot locate your original decree, you can request a certified copy from the court that issued it — usually the district court or family court in the county where the divorce was finalized.

Age requirements and how much you receive at different ages

You must be at least 62 years old to claim benefits on your ex-spouse's record. However, the amount you receive changes based on when you claim. If you claim at 62, you will receive a reduced benefit — typically around 32 to 35 percent of your ex-spouse's Primary Insurance Amount. If you wait until your full retirement age (which ranges from 66 to 67 depending on your birth year), you will receive 50 percent of their PIA.

If you wait past your full retirement age, your benefit does not increase further when claiming on an ex-spouse's record — unlike benefits based on your own earnings, which grow by about 8 percent per year until age 70. This means there is usually no financial advantage to waiting past your full retirement age to claim on an ex-spouse's record.

If you are caring for your ex-spouse's child who is under 16, you may be able to claim at any age, not just at 62. The child must be your ex-spouse's biological or legally adopted child, and you must be caring for them in your home.

What happens if your ex-spouse has not yet retired

You do not have to wait for your ex-spouse to retire or file for benefits. Once your ex-spouse reaches 62, you can file on their record even if they have not yet claimed their own benefits. Social Security will look at their earnings history and calculate what their benefit would be at their full retirement age, then use that amount to calculate your benefit.

If your ex-spouse has not yet reached 62, you will have to wait until they do before you can file on their record. You can contact the Social Security Administration to ask about your ex-spouse's age and whether you will be able to file soon, though Social Security will not discuss your ex-spouse's personal information with you — they will only confirm whether you meet the basic requirements to claim on their record.

How remarriage affects your benefits

If you remarry, you generally lose the right to claim on your ex-spouse's record. However, there is an exception: if you remarry after age 60, you can still claim on your ex-spouse's record. This exception does not explore if you remarry before age 60 — in that case, you must claim on your current spouse's record instead (if you are may have access to to it), or wait until after that marriage ends.

If you remarry and then that marriage ends through divorce or death, your right to claim on your first ex-spouse's record may be restored. The rules depend on whether you remarried before or after age 60 and on the length of your subsequent marriage. Contact the Social Security Administration to discuss your specific situation.

How to file for divorced-spouse benefits

You cannot file for divorced-spouse benefits online through the Social Security website. You must contact the Social Security Administration directly by phone, by mail, or in person at a local office. Call 1-800-772-1213 to schedule an appointment or to ask questions about your situation.

When you file, you will need to provide your Social Security number, your birth certificate, your divorce decree (or a certified copy), and proof of citizenship or legal residency if you were not born in the United States. You will also need your ex-spouse's name and Social Security number if you know it, though Social Security can look this up if you provide their full name and date of birth.

The Social Security Administration will verify your ex-spouse's earnings record and calculate your benefit amount. Processing typically takes several weeks. You will receive a notice in the mail showing your benefit amount and your first payment date.

Divorced-spouse benefits versus your own benefits

If you have your own Social Security earnings record, you may be may have access to to benefits based on your own work history. Social Security will calculate both amounts — your own benefit and the divorced-spouse benefit — and pay you the larger of the two. You do not have to choose; the agency will automatically pay whichever benefit is higher.

However, if you claim before your full retirement age, Social Security may reduce your benefit based on your current earnings. If you earn more than a certain amount (which changes each year), your benefit will be reduced by $1 for every $2 you earn above that limit. This earnings test applies only until you reach your full retirement age; after that, you can earn any amount without a reduction.

If you have been divorced more than once and each marriage lasted 10 years or more, you can claim on the record of the ex-spouse whose benefit would be highest. You do not have to claim on all of them.

What happens if your ex-spouse dies

If your ex-spouse dies, you may be able to receive survivor benefits instead of divorced-spouse benefits. The amount is typically higher — usually 75 percent of what your ex-spouse was receiving or would have received, rather than 50 percent. You must still meet the basic requirements: the marriage must have lasted 10 years, you must be at least 60 years old (or any age if you are caring for their child under 16), and you must be unmarried (with the same exception for remarriage after age 60).

If you were already receiving divorced-spouse benefits when your ex-spouse died, your benefit will automatically convert to a survivor benefit. You do not have to file again. If you had not yet filed, you can file for survivor benefits at any time after your ex-spouse's death.

Frequently Asked Questions

Can I claim on my ex-spouse's record if they are still working?

Yes. Your ex-spouse does not have to be retired for you to claim on their record. As long as they are at least 62 years old (or you are caring for their child under 16), you can file. Their current earnings do not affect your benefit amount.

Will claiming on my ex-spouse's record reduce their benefits?

No. Your benefit is calculated based on their earnings history, not on money they paid into your account. Claiming on their record does not change the amount they receive.

What if I remarry after I start receiving divorced-spouse benefits?

If you remarry before your full retirement age, your divorced-spouse benefits will stop. If you remarry after your full retirement age, your benefits continue. If you remarry after age 60, you keep the right to claim on your ex-spouse's record even if the new marriage ends.

Can I claim on more than one ex-spouse's record?

No. If you have been divorced more than once and each marriage lasted 10 years or more, Social Security will pay you the benefit based on whichever ex-spouse's record would give you the highest amount. You cannot receive benefits from multiple ex-spouses at the same time.

Do I need my ex-spouse's permission to claim on their record?

No. You do not need to contact your ex-spouse or ask their permission. Social Security will file your claim based on your own process and their earnings record.