Social Security After Divorce: What You Need To Know

 Divorce can be financially devastating, especially later in life. But if your marriage lasted at least 10 years, you could be eligible to collect Social Security benefits based on your ex’s work record instead of your own — even if the divorce happened years ago.

Many people don’t realize this option exists — and Social Security won’t go out of its way to tell you. But if you qualify, claiming divorced spousal benefits could mean hundreds of extra dollars each month for the rest of your life.

How Social Security benefits work after divorce

If you’re age 62 or older and were married to your ex-spouse for at least 10 years, you may be entitled to receive Social Security retirement benefits based on their earnings record. This benefit is known as a divorced spouse benefit, and it ranges from 32.5 to 50 percent of your former spouse’s full retirement benefit.

If you’re entitled to a higher benefit based on your ex-spouse’s record, Social Security will first pay you the amount you earned on your own. Then, they’ll supplement that with an additional amount from your ex’s record to bring your total benefit up to the higher amount. This is how it works:

• Let’s say you would get $1,840 a month in Social Security — the average amount —based on your work history. Your ex-spouse, though, is closer to the maximum Social Security check and receives $3,900. If you qualified for the full 50 percent, you would receive $1,840 from your record and $110 from your spouse’s.

This benefit is completely separate from your ex-spouse’s current or future benefits. You don’t need their approval or cooperation, and your claim doesn’t affect the amount they can receive. Social Security processes these claims independently and confidentially. So, generally, you can retire when you choose, whether they have or not.

How to qualify for Social Security on an ex-spouse

To be eligible to collect Social Security divorced spouse benefits, you must meet all of the following criteria:

• You were married to your ex for at least 10 years.
• You are 62 or older. However, if your ex has passed away, you may be eligible for survivors benefits starting at age 60 — or as early as age 50 if you have a qualifying disability.
• You aren’t currently married. If you remarried and your ex-spouse is still alive, you generally can’t claim benefits based on your ex’s record — unless your most recent marriage has also ended by divorce, death or annulment.
• Your ex-spouse is at least age 62 and eligible to receive retirement or disability benefits. They don’t have to be collecting yet, just eligible.
• Your own Social Security retirement benefit is lower than the divorced spouse benefit. Social Security will pay you the higher of the two amounts, not both.

If you’ve had more than one 10-year marriage, you may have a few ex-spouses to choose from when it comes to claiming benefits. You can only claim one at a time though, but Social Security will calculate which option pays more.

How to estimate your potential Social Security benefit

The amount you receive from Social Security depends on your ex’s earnings over their lifetime and when you choose to claim benefits. At full retirement age — between 66 and 67 depending on your birth year — you can receive up to 50 percent of your ex-spouse’s full retirement benefit.

But if you choose to start collecting before your full retirement age — age 62 is the earliest — your benefit will be permanently reduced. Opting to file before your full retirement age generally reduces your payment to around 32.5 percent of your ex’s benefit.

You won’t get any of your ex’s delayed retirement credits (the extra boost to their monthly check they might receive by waiting past full retirement age to claim).

Interestingly, your benefit may be higher if your ex-spouse has passed away. That’s because the benefit structure shifts when a former spouse dies.

As a surviving divorced spouse, you may be eligible for up to 100 percent of your ex’s Social Security benefit — double the amount available under the standard divorced spouse benefit, which caps out at 50 percent. These are called survivor’s benefits. As of September 2024, people receiving survivor benefits could receive an average of about $1,800 per month, according to the Social Security Administration.

If you remarry after turning 60 (age 50 if you have a qualifying disability), it won’t impact your eligibility for survivors benefits. But if you remarry before age 60, you generally lose the right to claim those survivor benefits based on your deceased ex-spouse’s record.

Information you need to apply for Social Security

To apply for divorced spouse benefits, you will need to provide certain documentation to the Social Security Administration. Have the following ready:

• Your birth certificate.
• W-2 forms and/or self-employment tax returns for last year.
• Proof of U.S. citizenship or lawful immigration status.
• Your marriage certificate and divorce decree.
• Your ex-spouse’s full name, date of birth and Social Security number, if known.
• Your banking information for direct deposit.

If you don’t have your ex’s Social Security number, the Social Security Administration may still be able to locate their record based on other details, such as their date and place of birth and the names of their parents. You can apply online, by calling 1-800-772-1213 or by visiting a local Social Security office.

Why does Social Security pay divorce benefits?

Social Security recognizes that both partners contribute to a marriage’s financial foundation, whether through paid work or unpaid support. If you spent those years raising kids or managing the household, the system is designed to make sure you’re not left behind in retirement.

Allowing divorced spouses to collect benefits based on an ex’s work history reflects the economic reality that many marriages divide labor unequally. The system recognizes that financial contributions come in many forms — not just through W-2 income.

More women than men claim divorced spouse benefits. That’s mostly a legacy of the gender pay gap and caregiving roles. For decades, many women took time off from the workforce or worked part-time to raise children, care for aging family members or support a partner’s career.

Women are also less likely to have access to pensions or employer-sponsored retirement plans, and they tend to live longer than men, which means they have to make smaller retirement savings last longer.

As a result, many women who divorce later in life may find that their benefit, based on their own earnings, is significantly lower. This makes the divorced spouse benefit an especially important source of financial support for many women in retirement.

That said, the divorced spouse rule is gender neutral. So long as you meet the criteria, you can claim regardless of your sex or your ex’s.

4 myths about claiming your ex’s Social Security benefit

Here are some common myths about claiming your ex’s benefit, along with the facts.

Myth No. 1: My ex will find out I’m making a claim on their benefit.

No, Social Security will not inform your former spouse that you’re claiming benefits based on their record. Your claim is confidential and doesn’t appear on their Social Security statements.

Myth No. 2: You can collect divorced spouse benefits and your own retirement benefits at the same time.

Not true. Social Security will pay you whichever benefit is higher. If your own benefit is smaller, they’ll top it off to match what you’d get as a divorced spouse. You don’t get both amounts added together.

Myth No. 3: You have to wait until your spouse is retired before you can make a claim.

If you’ve been divorced for at least two years and your ex is eligible for Social Security — meaning they’re age 62 or older — you don’t need to wait for your ex to start collecting. This rule is designed to prevent people from being financially stuck if their former spouse delays filing.

Myth No. 4: During the divorce, I promised not to claim my ex’s Social Security benefit.

Also not true. During a split, some people agree to relinquish their right to claim Social Security retirement benefits based on their ex-partner’s record. However, according to the Social Security Administration, so long as your marriage lasted at least 10 years, “those clauses in divorce decrees are worthless and are never enforced.”

Bottom line

If you’re divorced and nearing retirement, don’t overlook Social Security. These benefits can be a financial lifeline, especially for people who spent time out of the workforce or earned less over their lifetime.

If you still have questions, contact the Social Security Administration or speak with a financial advisor who understands retirement benefits. Social Security is one of the few sources of guaranteed income in retirement — make sure you’re getting every dollar you’re entitled to.