What divorced spouses can receive from Social Security

If you were married for at least 10 years and are now divorced, you may be able to claim Social Security benefits based on your ex-spouse's work record — even if they have not yet claimed benefits themselves. You do not need your ex-spouse's permission, and claiming on their record does not reduce the amount they receive. The benefit you get is based on their earnings history, not yours, and the amount depends on your age when you claim.

You can claim divorced spouse benefits as early as age 62, but the amount will be permanently reduced. If you wait until your full retirement age (which varies by birth year, typically between 66 and 67), you receive a larger monthly payment. The maximum you can receive on an ex-spouse's record is roughly 32.5% of what they would receive at their full retirement age, though the exact amount depends on your age and theirs when you claim.

Key Takeaways

  • You must have been married for at least 10 years and be at least 62 years old to claim divorced spouse benefits.
  • Your ex-spouse does not have to be claiming benefits yet — you can claim on their record once they turn 62, even if they have not filed.
  • Claiming before your full retirement age reduces your monthly payment permanently; waiting until full retirement age gives you a larger amount.
  • You will need your Social Security number, birth certificate, divorce decree, and proof of citizenship or legal residency to file.
  • If you remarry before age 60, you generally cannot claim on your ex-spouse's record, though exceptions exist for remarriage after 60.

The 10-year marriage requirement and what it means

Social Security counts the years you were married to determine whether you can claim on an ex-spouse's record. The marriage must have lasted at least 10 years — if it ended at 9 years and 11 months, you do not meet the requirement. The clock starts from your wedding date and stops on the date your divorce was final, not the date you separated.

If you were married more than once and each marriage lasted 10 years or longer, you can choose which ex-spouse's record to claim on. Social Security will use whichever record gives you the higher benefit. You do not have to notify your ex-spouses that you are claiming on their records.

Age requirements and how they affect your payment

You must be at least 62 years old to claim divorced spouse benefits. However, the age at which you claim directly affects how much you receive each month. If you claim at 62, your payment is reduced by roughly 35% from what you would receive at full retirement age. The reduction shrinks the closer you get to full retirement age.

Your full retirement age depends on your birth year. If you were born between 1943 and 1954, your full retirement age is 66. If you were born in 1960 or later, it is 67. For birth years in between, it falls somewhere in that range. Waiting until full retirement age to claim gives you the maximum divorced spouse benefit you are may have access to to receive.

If you wait past full retirement age, your benefit does not increase further — unlike benefits based on your own work record, which grow until age 70. So there is no financial advantage to delaying past your full retirement age when claiming as a divorced spouse.

When your ex-spouse must be claiming (or be old enough to claim)

Your ex-spouse does not have to have filed for benefits yet for you to claim on their record. However, they must be at least 62 years old. If they have not yet turned 62, you will have to wait until they do before you can file.

Once your ex-spouse turns 62, you can claim on their record regardless of whether they have actually applied for benefits themselves. Social Security will contact them to let them know you are claiming on their record, but this does not force them to claim or affect their own benefits in any way.

Documents you will need to provide

When you contact Social Security to claim divorced spouse benefits, have the following documents ready: your Social Security number, a birth certificate or other proof of birth date, your divorce decree (the official court document that ended your marriage), and proof of U.S. citizenship or legal residency. If your name has changed since the divorce, bring a document showing the name change, such as a marriage certificate or court order.

You will also need your ex-spouse's Social Security number if you have it, though Social Security can look it up if you provide their full name and date of birth. If you were married in another country, bring documentation of that marriage as well.

How remarriage affects your divorced spouse benefits

If you remarry before age 60, you generally lose the right to claim on your ex-spouse's record. The exception is if you remarry after age 60 — in that case, you can still claim divorced spouse benefits. This rule applies regardless of how old your ex-spouse is or whether they have claimed benefits.

If you remarry after age 60 and are already receiving divorced spouse benefits, your payments continue without interruption. If you remarry before age 60 and later divorce again, you regain the right to claim on your first ex-spouse's record once you turn 60, provided that first marriage lasted 10 years.

How to file and what to expect

You can file for divorced spouse benefits in three ways: by phone at 1-800-772-1213, online at ssa.gov, or in person at your local Social Security office. The online application is available if you are at least 62 and have a Social Security account set up. If you file online, you will receive a notice in the mail within 2 to 3 weeks telling you whether you have been approved and when your first payment will arrive.

If you file by phone or in person, the process typically takes 2 to 4 weeks. Social Security will contact you if they need additional documents. Once approved, your first payment usually arrives within 1 to 2 months. Payments are deposited directly into your bank account on the third of each month, or the day after if the third falls on a weekend or holiday.

Frequently Asked Questions

Can I claim divorced spouse benefits if my ex-spouse is still working?

Yes. Your ex-spouse's employment status does not affect your right to claim on their record. However, if you claim before your full retirement age and are still working, your benefits may be reduced if your earnings exceed a certain limit — currently $22,320 per year, though this amount changes annually. Your ex-spouse's work does not trigger this reduction on your benefits.

What if my ex-spouse is deceased?

If your ex-spouse has passed away, you may be able to claim survivor benefits on their record instead of divorced spouse benefits. The rules are similar — you must have been married for at least 10 years — but the amount you receive and the age at which you can claim may differ. Contact Social Security directly to discuss your options if your ex-spouse has died.

Can I claim on more than one ex-spouse's record?

You can claim on only one ex-spouse's record at a time. If you were married more than once for 10 years or longer, you choose which ex-spouse's record gives you the highest benefit. You can change your choice later, but you can only receive payment on one record.

Does claiming divorced spouse benefits affect my own Social Security benefits later?

No. Claiming on your ex-spouse's record does not reduce or delay the benefits you will eventually receive based on your own work history. When you reach age 70, you can switch to your own record if it provides a higher benefit. The two benefit amounts are calculated separately.

What if I do not know my ex-spouse's Social Security number?

You do not need it to file. Provide their full name, date of birth, and place of birth, and Social Security will locate their record. If Social Security cannot find them, you may need to provide additional identifying information such as their last known address.