Claiming Social Security Benefits as a Divorced Spouse
Finance

Claiming Social Security Benefits as a Divorced Spouse

authorBy Suze Orman
DateMay 29, 2026
Read time3 min

Securing your financial future after a divorce can involve utilizing your ex-spouse's Social Security contributions. Eligibility for these benefits depends on specific criteria, primarily the length of your marriage and your current age. Importantly, claiming these benefits will not diminish the amount your former spouse receives. To qualify, your marriage must have lasted a minimum of 10 years, you must be at least 62 years old, and you must currently be unmarried. Furthermore, if you’ve been divorced for at least two years and your ex-spouse is eligible for retirement benefits, you might be able to claim even if they haven't started receiving them yet. However, your own Social Security benefit must be lower than what you would receive based on your ex-spouse's record.

When it comes to receiving benefits, the Social Security Administration first allocates benefits based on your personal work history if you qualify. If your ex-spouse's benefit is higher, an additional amount will be provided to match that higher sum. For those born before January 2, 1954, and who have reached full retirement age, there's an option to claim only your ex-spouse's benefits while deferring your own. However, for individuals born on or after this date, applying for any retirement or spousal benefits means applying for all eligible benefits simultaneously. If you continue working, standard earnings limitations apply to both your benefits and your ex-spouse's. A divorced spouse can receive up to 50% of their ex-spouse's retirement benefit. If the ex-spouse is deceased, this can increase to 100%, provided the claimant has reached their full retirement age. Filing before reaching full retirement age will result in a permanent reduction of benefits. Even if your ex-spouse remarries, their new spouse's claim on their work history does not prevent you from receiving your eligible benefits. However, if you remarry while collecting benefits from a living ex-spouse, your eligibility for those benefits typically ceases. If your ex-spouse is deceased, you can remarry and continue receiving survivor benefits if you were 60 or older at the time of remarriage.

Applying for these benefits is a straightforward process, manageable either online through the Social Security Administration's website or by scheduling an appointment at a local office. You will need certain personal details and information about your ex-spouse, including Social Security numbers, dates of marriage and divorce, and banking information for direct deposit. The system is designed to automatically pay the higher of the two eligible amounts (your own or your ex-spouse's). Furthermore, to safeguard individual privacy, your ex-spouse will not be informed when you apply for benefits based on their earnings record.

Embracing these provisions allows individuals to secure their financial stability post-divorce, highlighting the system's role in providing a safety net. Understanding and utilizing these entitlements can significantly enhance one's retirement prospects, fostering a sense of independence and dignity in later life.

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