Divorce is a confusing legal endeavor in so many ways. From splitting assets to child-rearing responsibilities, it’s sometimes difficult to know what exactly you’re entitled to and not entitled to as a divorcee. When it comes to determining your Social Security benefits, however, divorce is (thankfully) relatively simple as the SSA ensures you can claim benefits on your spouse's or—ex-spouse's, in this case—record later on. Divorcees who meet all requirements and apply for benefits at their full retirement age (FRA) can claim up to 50% of their ex-spouse's full retirement age benefit without impacting him or her.
While it’s perhaps surprising to hear you’re entitled to an amount equaling 50% of your ex-spouse’s benefits, it’s for a good reason; the Social Security Administration ensures this to account for single-income marriages whereby spouses or exes who didn’t work when they were married are protected come retirement (despite no work history on record with the Social Security Administration).
Key Takeaways
- A divorced spouse can claim up to 50% of an ex-spouse's full retirement age benefit — at no cost to the ex.
- To qualify you must be 62 or older, unmarried, and have been married to your ex for at least 10 years (and your own benefit must be lower than the spousal amount).
- If your ex passes away, you may qualify for a survivor benefit worth 71.5%–100% of their benefit.
- Your ex can't deny, influence, or even be notified of your claim, and it doesn't reduce their benefit (or a current spouse's).
- If you remarry, you generally forfeit the ability to claim on your ex's record.
How to qualify for divorced-spouse Social Security benefits
Unfortunately, not every divorcee will qualify for Social Security benefits based on an ex-spouse’s record. Benefits eligibility hinges on the following conditions:
You must be 62 years of age or older.
You must have been married for 10+ years.
You must be divorced for at least two years (this waiting period applies only if your ex-spouse is eligible for but hasn't yet started collecting their benefits).
You must be unmarried.
Your ex-spouse is entitled to Social Security benefits.
The Social Security benefits you’re entitled to based on your own work record total less than your divorced spouse’s benefit.
These requirements help ensure the marriage was substantial enough to warrant a claim after a divorce, meaning a short-term marriage that ends in divorce may not meet the prerequisites.
What percentage of Social Security benefits are divorced spouses entitled to?
How much of your ex-spouse’s Social Security can you get?
Up to 50% of your ex’s full-retirement-age benefit if you claim at your own FRA — provided you were married at least 10 years, are 62 or older, and are currently unmarried. Claiming before your FRA permanently reduces it (as low as 32.5% at 62). It never reduces your ex’s benefit, and your ex is never notified.
| Age you claim | Benefit you receive (% of ex’s FRA benefit) |
|---|---|
| 62 | 32.5% |
| 63 | 35% |
| 64 | 37.5% |
| 65 | 41.7% |
| 66 | 45.8% |
| Full retirement age (67) | 50% — the maximum |
Percentages assume a full retirement age of 67 (born 1960 or later); exact amounts depend on the number of months you claim before FRA. A divorced-spouse benefit applies only if it exceeds your own benefit. Source: Social Security Administration.
Timing is the biggest lever here: the reduction for claiming before your full retirement age is permanent, which is why it's sometimes beneficial to delay filing for Social Security until you reach it.
Can my ex-spouse deny or influence my claim?
No matter how your prior marriage ended, your ex-spouse has no impact on your claim or the amount of money you might receive; he or she cannot deny your application and does not need to know you’re filing for these benefits based on his/her work record. Rather, your Social Security benefits are protected in perpetuity and managed exclusively by the Social Security Administration; in the absence of fraud, you should have absolutely no issue accessing payments regardless of your ex-spouse’s feelings on the matter.
Similarly, your claim is also not dependent on your ex-spouse’s retirement status; you can claim benefits on his/her record whether or not your ex personally applied for retirement benefits. (If your ex hasn’t done so, at least two years must have elapsed since the divorce in order to claim a divorced-spouse benefit.)
Does my claim impact my ex-spouse’s Social Security benefits?
Claiming your retirement benefits doesn’t affect the amount your ex-spouse qualifies for at all. In other words, the SSA won’t pull your money from a pool set aside for your spouse—instead calculating the amount your ex-spouse is owed and then sending you 50% and him/her 100% of the same.
What if my ex has multiple ex-spouses?
Even if your ex-spouse is a modern-day Henry VIII, receiving a divorced spouse’s benefit has no bearing on your ex’s current (or future) spouse’s claim. For example, if the SSA were to determine your ex-spouse is entitled to $1000, he or she would receive $1000 while you receive $500. If your ex’s current spouse were to also file a claim, that person would also receive $500 regardless of whether or not you do as well.
Can I collect spousal benefits if I earned my own Social Security benefit?
If you’re entitled to any benefits from your own work history in addition to any divorced spousal benefits, you’ll be paid the highest total amount rather than a combination of the two. If your spousal benefits exceed your own, for example, you’ll receive your own benefits first and then a second amount that ultimately equals the total spousal benefits you’re entitled to; if your benefits (based on your own work history) exceed your spousal benefits, you’ll only receive the amount based on your own personal record.
If I remarry, can I choose the person from whom I receive benefits?
If you’re currently married and eligible for Social Security benefits, you’re only allowed to claim on your current spouse’s record—even if the amount based on your ex-spouse is higher. As a remarried individual, thus, your status is as a current spouse to your current partner: meaning you forfeit the right to file for benefits based on your ex’s record. If you’re single and receiving benefits based on this and later remarry, likewise, you’re required to report your new marriage to the SSA (with those payments then ceasing and beginning again based on your current status). However, if you divorce once again, you as a single individual would be paid the highest benefit amount you qualify for—whether based on your own record, your first spouse’s record, or your most recent ex’s record.
Can I begin receiving my ex’s benefits and then switch?
The SSA will only allow you to switch from your ex-spouse’s (or current spouse’s) plan to your own based on a limited set of circumstances (e.g., if you were born on or before January 1, 1954 or are caring for a child who’s either under age 16 or disabled).
What happens if my ex-spouse passes away before me?
When one spouse dies before the other, the surviving spouse can claim what’s referred to as a “survivor benefit”: a monthly benefit payable for life, with the amount based on the deceased’s earnings history (the more he or she paid into Social Security, the higher the benefit for the surviving spouse). This rule also applies to ex-spouses, provided they meet the conditions outlined earlier. If you already began claiming benefits on your ex-spouse’s record, you can apply for survivor benefits: a larger check than your current benefit, giving you 71.5 to 100% of your ex’s benefits depending on how early you withdraw. This remains true if you remarry, so long as you were at least 60 years old at the time (or at least 50 years old if disabled).
How to claim your divorced spouse’s Social Security
You can apply for spousal benefits online or in person at your local Social Security office. Keep in mind you’ll need original copies of important identification documents such as your Social Security card, birth certificate, ID, marriage certificate, and divorce decree in order to file.
In sum: Social Security and divorce
While determining Social Security benefits is perhaps confusing at first blush for divorcees, understanding the amount you're entitled to and how exactly you can access this can help make the process much easier. For the full picture, explore our Social Security & Medicare guides.
Still have questions about Social Security benefits? Consider speaking with a financial planner or schedule a FREE discovery call with one of our CFP® professionals to get them answered.
Reviewed for accuracy
Paul Muller, AEP®, CFP®
Founder and Relationship Manager at Vision Retirement, with 30+ years in the financial industry.
Read full bio →FAQs
-
Generally no. Social Security pays you the higher of your own benefit or the divorced-spouse benefit — not one and then the other. (A narrow exception applies only if you were born before January 2, 1954, who may file a “restricted application” for the ex-spouse benefit first and switch to their own later.)
-
At least 10 years.
-
No. Your ex can't deny or influence it and doesn't need to know; the SSA manages it.
-
No. Your ex still receives 100% and you receive up to 50%, calculated separately — and a current spouse's claim isn't affected either.
-
Yes, as long as you've been divorced at least two years and your ex is eligible for benefits.
-
While married, you can generally only claim on your current spouse's record, forfeiting your ex's. You must report the remarriage to the SSA. If you divorce again, you'll receive the highest benefit among your own, your first spouse's, or your most recent ex's record.
-
You receive the higher of the two, not both combined.
-
You may qualify for a survivor benefit (71.5%–100% of their benefit, depending on when you claim) if you meet the requirements — and you keep it if you remarried at age 60 or later (50 if disabled).
-
Social Security card, birth certificate, ID, marriage certificate, and divorce decree; apply online or at your local SSA office.
Disclosures:
This document is a summary only and is not intended to provide specific advice or recommendations for any individual or business.
