Key Takeaways
- 1You can claim on ex-spouse's record if married 10+ years
- 2Your ex-spouse doesn't need to know or approve
- 3You can receive up to 50% of ex's full retirement amount
- 4If ex-spouse dies, you may get survivor benefits (up to 100%)
- 5Remarriage before 60 generally disqualifies you
- 6Your claim doesn't reduce your ex's benefits
- 7You must be 62+ to claim divorced spouse benefits
Eligibility Requirements
To claim Social Security benefits based on your ex-spouse's work record, you must meet these criteria:
- Marriage duration - You were married to your ex-spouse for at least 10 years.
- Current marital status - You are currently unmarried (unless you remarried after age 60).
- Age requirement - You are age 62 or older.
- Ex-spouse eligibility - Your ex-spouse is entitled to Social Security benefits.
- Your own benefits - Your own retirement benefit is less than what you'd receive on your ex's record.
Your Ex Doesn't Need to Know
Your ex-spouse is not notified when you claim benefits on their record. Their benefits are not reduced in any way by your claim.
How Much Will You Receive
Divorced spouse benefits are based on your ex-spouse's full retirement age benefit amount.
- Maximum amount - Up to 50% of your ex-spouse's full retirement age (FRA) benefit.
- Early claiming - If you claim before your FRA, benefits are permanently reduced.
- Your own record - If your own benefit is higher, you'll receive your own benefit instead.
- No bonus for waiting - Unlike your own benefits, divorced spouse benefits don't increase past your FRA.
- Multiple ex-spouses - If you were married 10+ years to multiple people, you can claim on the highest record.
| Your Claiming Age | Percent of Ex's FRA Benefit |
|---|---|
| 62 | 32.5%-35% |
| 65 | 41.7%-45.8% |
| Full Retirement Age (66-67) | 50% |
| 70 | 50% (no increase for waiting) |
If Your Ex-Spouse Dies
If your ex-spouse passes away, you may be entitled to survivor benefits instead of divorced spouse benefits.
- Higher benefit - Survivor benefits can be up to 100% of ex's benefit (vs. 50% for divorced spouse benefits).
- Earlier eligibility - You can claim survivor benefits as early as age 60 (or 50 if disabled).
- Marriage requirement - Same 10-year marriage requirement applies.
- Remarriage rules - Remarriage after age 60 doesn't affect survivor benefits.
- Same privacy - The current spouse and family are not notified of your claim.
How Remarriage Affects Benefits
Your current marital status significantly impacts your eligibility:
- Currently married - You generally cannot claim on an ex-spouse's record while married to someone else.
- Remarriage ends - If your subsequent marriage ends (death or divorce), eligibility may be restored.
- Remarriage after 60 - For survivor benefits only, remarriage after 60 doesn't disqualify you.
- Multiple marriages - With multiple 10+ year marriages, you can choose the most advantageous record.
Consider Timing
If you're in a relationship, consider whether marrying before or after age 60 affects your benefit strategy.
Smart Claiming Strategies
Maximize your benefits with these approaches:
- 1Compare all options - Get estimates for your own benefit, divorced spouse benefit, and potential survivor benefit.
- 2Consider claiming divorced spouse first - This allows your own benefit to grow until 70, then switch if your own is higher.
- 3Don't wait past FRA - Divorced spouse benefits don't increase after your full retirement age.
- 4Track your ex - You can claim once your ex is eligible for benefits, even if they haven't claimed yet (if divorced 2+ years).
- 5Plan for survivor benefits - If your ex is older or in poor health, survivor benefits may eventually apply.
Building Independent Wealth
While Social Security provides a foundation, building your own retirement wealth gives you control and independence. Consider diversifying with precious metals.
- Gold IRA provides wealth you control completely
- Not dependent on ex-spouse's work history
- Protection against inflation and market volatility
- Tax-advantaged retirement savings
- Create your own legacy for heirs
Frequently Asked Questions
Does my ex-spouse need to approve my benefit claim?
No. Your ex-spouse is never contacted, doesn't need to give permission, and their benefits are not affected by your claim. The Social Security Administration calculates your benefit independently.
What if my ex-spouse remarries?
Your ex's remarriage has no effect on your ability to claim divorced spouse benefits. Only your own marital status matters.
Can both my ex and their new spouse claim benefits?
Yes. The current spouse can claim spousal benefits, and you can claim divorced spouse benefits. Both are entitled - there's no "dividing" of benefits.
I was married twice for 10+ years each. Which record do I use?
You can receive benefits on whichever record gives you the higher amount. SSA will compare and pay you the higher benefit.
What if I was married to my ex for 9 years and 11 months?
Unfortunately, you must have been married for 10 full years. There's no exception for being close to the requirement.