If you were married for at least 10 years and are now divorced, you may be entitled to up to 50% of your ex-spouse’s Social Security retirement benefit — even if they have remarried. Your claim does not reduce your ex-spouse’s benefit, and they will not be notified. This is one of the most overlooked benefits in the entire Social Security system.
Quick answer: Divorced spouses who were married 10+ years, are currently unmarried, and are at least 62 can claim up to 50% of their ex-spouse’s full retirement age (FRA) benefit. If that’s more than your own benefit, you’ll receive the higher amount. If your ex-spouse has died, you can receive up to 100% as a divorced survivor.
The 4 Rules for Divorced Spouse Benefits
To claim Social Security on your ex-spouse’s record, you must meet all four conditions:
| Requirement | Details |
|---|---|
| Marriage duration | You must have been married for at least 10 years |
| Marital status | You must be currently unmarried |
| Age | You must be at least 62 years old |
| Your own benefit | Your ex-spouse’s benefit must be higher than your own (SSA pays the higher of the two) |
Additionally, your ex-spouse must be at least 62 and entitled to Social Security retirement or disability benefits. However, if you have been divorced for at least two years, you can claim even if your ex-spouse has not yet started collecting their own benefits.
How Much Will You Receive?
The divorced spouse benefit is up to 50% of your ex-spouse’s full retirement age (FRA) benefit — not what they’re actually receiving if they claimed early or late.
Your benefit also depends on your own claiming age:
| Your Age at Claiming | % of Ex-Spouse’s FRA Benefit You Receive |
|---|---|
| 62 | ~35% (reduced for early claiming) |
| 63 | ~37.5% |
| 64 | ~40% |
| 65 | ~45% |
| 66 | ~47.5% |
| 67 (FRA) | 50% |
Claiming before your own FRA reduces the divorced spouse benefit the same way it reduces your own retirement benefit.
Important: Delaying past your FRA does not increase the divorced spouse benefit above 50%. The delayed retirement credits (8% per year from FRA to 70) only apply to your own retirement record — not to benefits claimed on someone else’s record.
Worked Example
Patricia and David were married for 15 years before divorcing in 2010. Patricia is now 64, and David (67) has a Social Security FRA benefit of $3,200/month.
Patricia’s own benefit at her FRA (67) would be $900/month.
- Divorced spouse benefit at FRA: 50% × $3,200 = $1,600/month
- Her own benefit: $900/month
Patricia qualifies for the divorced spouse benefit because $1,600 > $900. The SSA pays the higher amount. She doesn’t receive both — she receives $1,600.
If Patricia claims at 64 (before her FRA of 67), her divorced spouse benefit is reduced to approximately 40% of $3,200 = $1,280/month.
Patricia’s best move: Wait until her FRA at 67 to claim the full 50% ($1,600/month). Claiming at 62 would reduce it to roughly ~$1,100.
Does Your Ex-Spouse’s Timing Affect Your Benefit?
Yes and no.
- If your ex claimed early: You still receive 50% of their FRA benefit — not 50% of their reduced amount. Your divorced spouse benefit is always calculated from the FRA amount.
- If your ex delayed to 70: You still receive only 50% of the FRA amount — you do not benefit from their delayed retirement credits.
- Your claiming age: What reduces your divorced spouse benefit is your age when you claim, not when your ex claimed.
If Your Ex-Spouse Has Died: Divorced Survivor Benefits
If your ex-spouse has passed away, the benefit jumps dramatically — from 50% to up to 100% of their benefit.
Requirements for divorced survivor benefits:
- Marriage lasted 10+ years
- You are currently unmarried (or remarried after age 60)
- You are at least 60 years old (50 if disabled)
Claiming age for divorced survivor benefits:
| Your Age | % of Deceased’s Benefit |
|---|---|
| 60 | 71.5% |
| 62 | 79.6% |
| 65 | 91.9% |
| 67 (FRA) | 100% |
The same strategic choice applies as with regular survivor benefits: claim the survivor benefit early and let your own retirement benefit grow to 70, or collect your own early and switch to the full survivor benefit at FRA. See Social Security Survivor Benefits for the full strategy guide.
Common Questions About Divorced Spouse Benefits
Can I claim if I’ve been divorced less than 10 years? No. The 10-year rule is firm. If you were married for 9 years and 11 months, you do not qualify for divorced spouse benefits.
Can I claim if my ex has remarried? Yes. Your ex-spouse’s remarriage does not affect your eligibility. Their current spouse can also claim divorced spouse benefits on their record if they were married 10+ years to someone else.
What if I was married multiple times? You can claim on any ex-spouse’s record, as long as each marriage lasted 10+ years. The SSA will pay you the highest benefit available from all eligible records, subject to the rules above.
Does claiming divorced spouse benefits affect my children? No. Your claim on your ex’s record does not affect benefits payable to any children or the current spouse of your ex.
Will my own benefit be affected? No. If the SSA determines your own benefit is higher, they pay your own benefit. If the divorced spouse benefit is higher, they pay that. You cannot receive both simultaneously.
How to Apply
Apply through the Social Security Administration:
- Online: my Social Security at ssa.gov/myaccount
- By phone: 1-800-772-1213
- In person: Your local SSA office
You will need:
- Your Social Security number
- Your ex-spouse’s Social Security number (or their full name and date of birth so SSA can locate the record)
- Your birth certificate
- Your marriage certificate and divorce decree
You can apply up to 3 months before you want benefits to start. Benefits cannot be paid retroactively for more than 6 months.
See also:
- Social Security Survivor Benefits — 100% benefit after an ex-spouse’s death
- When to Claim Social Security — timing strategy
- Social Security Break-Even Calculator — 62 vs. 67 vs. 70 analysis
- Full Retirement Age Chart 2026 — FRA by birth year
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