Can You Claim Social Security Benefits From Your Ex-Spouse?
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Divorce often leaves people sorting through financial questions that linger long after the paperwork is signed. One of the lesser-known areas is Social Security. Many divorced people don’t realize that they may still be entitled to benefits through an ex-spouse’s work record. The Social Security Administration allows this in certain cases, and the rules can make a meaningful difference to retirement income.
The core idea is simple: if your marriage lasted at least 10 years, you may qualify for benefits tied to your former spouse’s earnings, even if they’ve since remarried. The amount can be as much as half of their benefit, and in the event of their death, it could rise to the full amount.
The 10-Year Rule: Why Duration Matters
The marriage length is the cornerstone of eligibility. If you were married for at least 10 years before divorcing, you can apply to receive benefits on your ex-spouse’s record once you’re 62 or older. If you’ve had more than one marriage lasting at least a decade each, you can choose whichever ex-spouse’s record provides the higher benefit. However, you can’t collect from more than one.
What About Your Own Benefits?
When you apply, Social Security automatically checks both your record and your ex-spouse’s record. You’ll first receive what you’ve earned from your own work history. If your ex’s record provides more, you’ll get an additional amount to bring you up to that higher level. Essentially, you get whichever benefit is larger, not both in full.
Survivor Benefits After an Ex-Spouse’s Death
If your former spouse passes away, you may qualify for survivor benefits worth up to 100% of what they were receiving. Importantly, this applies whether or not your ex remarried. Survivor benefits usually begin at age 60, or 50 if you’re disabled. If you remarry after age 60, you can still claim survivor benefits, but marrying earlier will disqualify you while your ex is alive.
Remarriage Rules and Exceptions
Remarriage complicates things. If you remarry while your ex is alive, you lose eligibility to claim based on their record. But if you remarry after their death, and you’re at least 60, you can still collect survivor benefits.
How Much Can You Expect?
Generally, the divorced spouse benefit is capped at 50% of your ex’s retirement benefit while they’re living. If you file before reaching full retirement age, the benefit is reduced permanently. Waiting until full retirement age ensures you receive the maximum possible percentage.
For survivor benefits, the potential jumps to 100% of your ex’s benefit. Again, filing early reduces the monthly payment, but the option can provide significant financial security if timed carefully.
How to Apply for Benefits
Applying is straightforward. You can submit a claim online through SSA.gov or by booking an appointment at your local Social Security office. You’ll need key details, including your ex’s Social Security number, date of birth, and your marriage and divorce dates. SSA will not notify your former spouse when you apply, so your privacy is protected.
Why It Matters for Retirement Planning
For many divorced individuals — particularly those who took time out of the workforce for caregiving — this benefit can be a crucial part of retirement planning. It ensures that the years invested in a long marriage don’t go unrecognized in the Social Security system.
The Bottom Line
If you’ve been divorced but your marriage lasted a decade or longer, it’s worth checking whether you qualify for spousal or survivor benefits. The rules may seem technical, but the payoff could be a much-needed boost to your retirement income.