Social Security After Divorce

Social Security after divorce can provide crucial financial support, especially for individuals who were married for at least 10 years and meet specific eligibility criteria.

Separation can be difficult both financially and emotionally, but there might be a bright side when it comes to Social Security. Based on your ex-spouse’s employment history, you may still be qualified for benefits if you were married for at least ten years. Your retirement plans may change as a result of this.

Who Qualifies?

You may be eligible to claim Social Security benefits on your ex-spouse’s record if:

• You were married for 10 years or more
• You are currently unmarried
• You are 62 or older
• Your ex-spouse is eligible for retirement or disability benefits
• The benefit based on your ex’s record is higher than your own

Even if your ex has remarried, you can still qualify—as long as you haven’t remarried yourself (unless your later marriage ended in divorce or death).

How Much Can You Get?

You could receive up to 50% of your ex-spouse’s full retirement benefit. This does not reduce their benefit or affect their current spouse’s payments.

• Example: If your ex’s full benefit is $2,000/month, you may receive up to $1,000/month.
• You’ll receive either your own benefit or the spousal benefit, whichever is higher—not both.

Timing Is Everything

You can start collecting benefits at age 62, but doing so before your full retirement age (FRA) will result in a reduced amount. Waiting until FRA ensures you receive the full spousal benefit.

What If Your Ex Hasn’t Filed Yet?

You can still claim benefits if your ex is eligible but hasn’t filed, as long as you’ve been divorced for at least two years. This rule allows you to access benefits independently of their filing status.

Disability Benefits and Divorce

If your ex-spouse receives disability benefits, you may also qualify under similar rules. The 10-year marriage requirement still applies, and you must meet age and marital status conditions.

How to Apply

To apply for divorced spouse benefits, you’ll need:

• Your ex-spouse’s Social Security number (or identifying info)
• Proof of marriage and divorce
• Your birth certificate and Social Security number

You can apply online at SSA.gov or visit your local Social Security office.

Divorce doesn’t mean you lose access to Social Security tied to your ex-spouse. If you meet the criteria, you could receive thousands annually—without affecting your ex’s benefits. It’s worth exploring your options and planning ahead.

Social Security After Divorce: FAQs

1. Can I collect Social Security from my ex-spouse?

Yes, if you were married for at least 10 years, are currently unmarried, and are 62 or older, you may be eligible to receive benefits based on your ex-spouse’s work record.

2. Does my ex need to be receiving Social Security for me to qualify?

Not necessarily. If your ex is eligible for benefits but hasn’t filed yet, you can still claim benefits—as long as you’ve been divorced for at least two years.

3. Will claiming benefits affect my ex-spouse’s payments?

No. Your claim does not reduce or impact your ex-spouse’s benefits or those of their current spouse.

4. How much can I receive?

You may receive up to 50% of your ex-spouse’s full retirement benefit, depending on your age and filing status.

5. Can I claim benefits if I remarried?

Generally, no. You must be unmarried to claim benefits on your ex’s record. However, if your later marriage ended in divorce or death, you may still qualify.

6. What if I qualify for my own Social Security benefits?

You’ll receive whichever benefit is higher—your own or the spousal benefit—but not both.

7. Can I apply online?

Yes. You can apply for divorced spouse benefits through the Social Security Administration website (SSA.gov) or by visiting your local SSA office.

8. What documents do I need to apply?

You’ll need:

• Your birth certificate
• Your Social Security number
• Proof of marriage and divorce
• Your ex-spouse’s Social Security number or identifying information