Divorced Spouse Social Security Benefits: Complete Guide
You may be entitled to benefits based on your ex-spouse's work record - even if they don't know about it.
Key Takeaways
- 1You can claim benefits on your ex-spouse's record if married 10+ years.
- 2You must be 62 or older and currently unmarried to claim.
- 3Your ex-spouse does NOT need to know or approve your claim.
- 4You can receive up to 50% of your ex's full retirement benefit.
- 5Claiming on your ex's record does NOT reduce their benefit.
- 6If your own benefit is higher, you'll receive that instead.
Eligibility Requirements
To claim Social Security benefits based on your ex-spouse's work record, you must meet ALL of these requirements:
- **Marriage lasted at least 10 years** - even 9 years and 11 months doesn't count
- **You are currently unmarried** - remarriage disqualifies you (with one exception)
- **You are age 62 or older** - same as regular Social Security
- **Your ex-spouse is entitled to Social Security** - they must have enough work credits
- **Your own benefit is less than what you'd receive on their record** - SSA pays the higher amount
How Much Can You Receive?
The amount depends on when you claim and your ex's benefit:
- Maximum is 50% of your ex's Primary Insurance Amount (PIA)
- Claiming early permanently reduces your benefit
- Your ex's actual benefit doesn't matter - calculation uses their PIA
| Your Age at Claim | Percentage of Ex's Full Benefit |
|---|---|
| 62 | 32.5% |
| 63 | 35% |
| 64 | 37.5% |
| 65 | 41.7% |
| 66 | 45.8% |
| 67 (Full Retirement Age) | 50% |
Your Ex-Spouse Doesn't Need to Know
This is important and often misunderstood:
- **No notification required:** Social Security won't tell your ex you're claiming
- **No permission needed:** You don't need your ex's approval or cooperation
- **No impact on their benefit:** Your claim doesn't reduce what they receive
- **No impact on their current spouse:** If they remarried, their spouse's benefits are unaffected
- **Multiple exes can claim:** If they were married multiple times (10+ years each), all exes can claim
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How to Claim Benefits
The process is straightforward:
- If you don't have your ex's SSN, provide their full name, date of birth, and parents' names
- Social Security can often locate records without the SSN
- 1Gather your marriage certificate and divorce decree
- 2Know your ex-spouse's Social Security number (helpful but not required)
- 3Apply at your local Social Security office, by phone, or online
- 4Social Security will calculate both your own benefit and the ex-spouse benefit
- 5You'll automatically receive whichever is higher
Special Situations
Some scenarios have different rules:
- **Remarried after 60:** If you remarried after age 60, you may still claim on your ex's record
- **Ex-spouse hasn't filed:** If divorced 2+ years and both are 62+, you can claim even if ex hasn't filed
- **Ex-spouse died:** You may be eligible for divorced surviving spouse benefits (up to 100%)
- **Multiple marriages:** You can only claim on one ex-spouse's record - choose the highest
- **Government pension:** WEP/GPO rules may reduce your benefit if you have a government pension
The 10-Year Rule Is Absolute
If your marriage lasted 9 years and 364 days, you do NOT qualify. The 10-year requirement is strict. If you're close to the 10-year mark and considering divorce, waiting a few months could be worth tens of thousands in lifetime benefits.
Maximize Your Retirement Security
Divorced spouse benefits help, but may not cover all your retirement needs. Diversifying your savings protects your financial independence.
- Roll any 401k from your marriage into a protected Gold IRA
- Physical gold isn't dependent on anyone else's work record
- Hedge against Social Security uncertainty
- Build wealth you control completely
- Protection from market crashes as you age
Frequently Asked Questions
1What if my ex-spouse and I are both claiming on each other's records?
This is allowed! You can each claim benefits based on the other's record. This doesn't reduce either person's benefit. Social Security will calculate both ways and pay each of you the higher amount between your own benefit and the spousal benefit.
2Can I claim benefits if my ex-spouse is still working?
Yes, as long as they're entitled to Social Security (have enough work credits). They don't need to be retired or receiving benefits themselves. If you've been divorced for at least 2 years and you're both 62+, you can claim independently.
3What happens if my ex-spouse dies?
You may be eligible for surviving divorced spouse benefits, which can be up to 100% of your ex's benefit (instead of 50%). Requirements are similar: 10-year marriage, currently unmarried (or remarried after 60), and age 60 or older (50 if disabled).
4Will claiming affect my ability to get my own Social Security later?
No. Social Security automatically calculates both your own benefit and the divorced spouse benefit, paying you the higher amount. If your own benefit grows higher later (due to continued work), your benefit will increase automatically.
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