If you are divorced, you may be eligible to collect Social Security benefits based on the earnings of your ex-spouse. Whether you can or not depends on a number of factors, including how long you have been married and your age. If you were married for 10 years or more to that spouse and your ex-spouse worked and paid into Social Security, you may be able to collect benefits if you're also over age 62. Collecting on the record of your ex-spouse will not reduce the amount of benefits they get.
To collect Social Security benefits based on your former spouse's earnings record, you must:
- Have been married to that spouse for 10 years or more
- Be at least age 62
- Be currently unmarried
You can collect benefits based on an ex-spouse’s record if you’ve been divorced for at least two years and your ex is eligible for retirement benefits, even if they haven’t applied yet.
Important
To collect benefits based on an ex-spouse, your own benefit must be less than what you’d receive using your ex’s work history.
If you are eligible for retirement benefits on your own record, the Social Security Administration (SSA) pays that amount first. If your ex-spouse's benefit is higher, you can expect an additional amount, so the combination of benefits equals that higher amount.
If you continue to work, the same earnings limits apply to you and your ex. Use the SSA's retirement earnings test calculator to help you determine how your earnings may affect these payments if you're still working and can get benefits this year.
If your ex qualifies but hasn't applied yet, you can receive payments based on their earnings record as long as you meet the other requirements and are divorced for at least two years.
How Much Can a Divorced Spouse Receive?
A divorced spouse can get a Social Security benefit equivalent to 50% of the ex's retirement benefit, even if the ex remarries. For a deceased ex, you, as the former partner, may be eligible for a survivor's benefit of up to 100% of that amount. In either case, the divorced spouse must have reached the FRA to get the full benefit, whether that's the 50% or the 100% amount noted here.
If the person files before reaching retirement age, the benefit is permanently reduced. If you apply for the old-age benefit, you can file as early as age 62, but the benefit will be a lower amount.
Marriage Duration: The 10-Year Requirement Explained
You must have been married to your ex for at least 10 years if you want to claim their Social Security benefits. If you were married and divorced more than once, and each marriage lasted the required 10 years, you are entitled to the higher of the two benefits. You can't claim both.
If your ex remarries and their new spouse collects Social Security benefits based on your former spouse’s work history, you can still collect based on your ex's record.
Warning
If you remarry while receiving benefits based on your ex-spouse's entitlement, and that person is still alive, you will no longer be eligible for those benefits. If your ex-spouse dies, you can remarry and continue collecting survivor benefits on their earnings record, as long as you were 60 or older when you remarried.8
How to Apply for Divorced Spouse Benefits (Online & SSA Office)
You can apply for benefits online by going to SSA.gov or making an appointment at your local Social Security office. To apply for benefits on a former spouse's work record, you will need:
- Your SSN and place of birth
- Your recent work history
- Your ex-spouse's SSN and birthday
- Dates you were married and divorced
- City, state, and country of marriage
- Your bank account and routing number for direct deposit
Social Security assumes you are also applying for benefits on your own work record when you apply as a divorced spouse. But you'll be eligible for the higher amount of the two. If your benefit is lower, Social Security will first pay you an amount based on your record, then make up the difference between that and what you're eligible for on your ex-spouse's record.
Frequently Asked Questions (FAQs)
How Much Social Security Do You Get From a Divorced Spouse?
A divorced spouse can qualify for half of their ex's retirement benefits. That benefit increases to 100% if the ex is deceased. To qualify for the full amount of these benefits, the divorced spouse must have reached full retirement age.
How Do I Claim My Divorced Spouse's Social Security?
Applications for Social Security benefits, including for a divorced spouse's benefits, can be made online through the Social Security Administration website. You can also make an appointment at your local SSA office. Be sure to have your ex's Social Security number on hand.
What Is the 10-Year Marriage Rule for Social Security?
The 10-year rule applies to spouses who are divorced and claiming their ex's Social Security benefits. According to the SSA, you can receive your ex-spouse's benefits based on your own record as long as you were married to them for at least 10 years.
The Bottom Line
If you were married to them for at least 10 years, you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit. Filing for these benefits is a fairly straightforward process, and to protect your privacy, your ex-spouse won't be notified when you do.
