If you are divorced but your marriage lasted 10 years or longer, you can receive Social Security benefits on your ex-spouse’s record as long as you meet certain requirements.
Here’s what you need to know about social security and divorce.
It’s important to understand your projected social security benefits so you can incorporate that into your divorce financial planning.
You should be sure to obtain a social security benefit statement early on to begin preparing for divorce.
If your marriage lasted at least 10 years, you can collect on your ex-spouse’s record if you meet the following requirements:
If you meet these requirements, you can first become entitled to receive full or unreduced benefits when you reach full retirement age.
Full retirement age will vary based on what year you were born, but in all cases, you must be at least 62 years old to receive benefits.
At full retirement age, the highest benefit you can receive for an ex-spouse’s record is 50%.
You can retire at any time between age 62 and full retirement age.
However, if you start benefits early, your benefits are reduced a small percentage for each month before your full retirement age.
You will draw benefits for a longer period, but the amount you receive each month would be reduced.
| If you were born in… | Your full retirement age is |
| 1937 or earlier | 65 |
| 1938 | 65 and 2 months |
| 1939 | 65 and 4 months |
| 1940 | 65 and 6 months |
| 1941 | 65 and 8 months |
| 1942 | 65 and 10 months |
| 1943-1954 | 66 |
| 1955 | 66 and 2 months |
| 1956 | 66 and 4 months |
| 1957 | 66 and 6 months |
| 1958 | 66 and 8 months |
| 1959 | 66 and 10 months |
| 1960 and later | 67 |
If you delay your retirement benefits until after full retirement age, you also may be eligible for delayed retirement credits that would increase your monthly benefit.
Here’s a comparison of how retirement works drawing your own benefits vs. drawing a spouse’s benefits if your full retirement is at age 67
If you start your retirement benefits at age 62, your monthly benefit amount is reduced by about 30 percent. The reduction for starting benefits at age:
If you start receiving spouse’s benefits at age 62, your monthly benefit amount is reduced to about 32.5 percent of the amount your spouse would receive if their benefits started at full retirement age. (The reduction is about 67.5 percent.) The reduction for starting benefits as a spouse at age:
You cannot collect your ex-spouse’s Social Security benefit, but you can collect your own benefits based on their record or earnings if you meet all requirements.
You can file for ex-spouse benefits many different ways:
The earliest you can apply is three months before your 62nd birthday.
If you’re already getting Social Security benefits based on your own work record, you can also claim ex-spouse benefits, but you will only receive the higher amount. You will not be paid the combined amount.
You cannot get remarried and collect benefits on your ex-spouse’s record.
If you receive divorced spouse social security benefits, your benefits end if you remarry.
However, this is offset by the fact that you can collect on your new spouse’s record.
If you do not stay married to your second spouse, then the same rules apply to collecting his or her benefits.
It will not affect your benefits no matter how many times your ex-spouse remarries or if those spouses also collect benefits based on his or her record.
If you get Social Security disability or retirement benefits and you get married again, you should be aware of the following situations that remarriage may have on your benefits:
Benefits for a child under age 18 or student ages 18 or 19 end if you get married again.
If you get married again after age 60, this does not prevent you from becoming entitled to benefits on your prior deceased spouse’s Social Security earnings record.
If you are eligible to receive ex-spouse benefits, your former spouse cannot take away the benefits you or other family members receive.
However, if you get remarried, you will no longer be able to get ex-spouse benefits.
Any fears that you may have regarding eligibility or amounts that could be adversely impacted by an ex-spouse are unfounded.
To collect ex-spouse benefits, your marriage needs to have lasted for 10 years or more and you must meet other qualifying requirements.
There are several criteria that determine if you are eligible to receive ex-spouse Social Security benefits.
These are general guidelines, but your individual situation may vary and so it’s best to check with Social Security to make sure that you meet the necessary requirements.
There are several factors that determine exactly how much of an ex-spouse benefit you will receive, but in general, at full retirement age, you will receive one-half of your former spouse’s retirement benefit assuming you meet all criteria.
If your former spouse is deceased, you will receive his or her full retirement benefit. (Don’t get any ideas!)
Social Security is gender-neutral.
Benefits criteria apply to ex-husbands as well as ex-wives.
When an ex-spouse collects benefits on a former spouse’s record, Social Security does not notify the ex-spouse that this is taking place.
Some of the factors that will impact how much you receive include:
If your ex-spouse has remarried and that new spouse is collecting benefits based on his or her work record, it will not reduce the amount of benefits the new spouse or you receive.
When you begin receiving Social Security benefits, the SSA will calculate your benefits both as a worker and as an ex-spouse or widow(er).
If your ex-spouse is 62 or older and has not applied for benefits, you may start receiving benefits if you have been divorced for two or more years.
Otherwise, there is no advantage or disadvantage as to when you should file for divorce as it relates to Social Security benefits.
Keep in mind that you must have been married for 10 years or longer, you can’t currently be married and must meet other qualifying conditions based on your personal circumstances.
Pro Tip: The 10-year mark is measured from date of marriage through the date the divorce is finalized. In some cases, it can be smart planning to delay finalizing the divorce in order to meet the 10-year requirement.
If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more.
Your benefits as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record.
If you remarry after you turn 60 (age 50 if disabled), the remarriage will not affect your eligibility for survivors’ benefits.
If you are caring for a child under age 16 or disabled who gets benefits on the record of your former spouse, you would not have to meet the length-of-marriage (10 years) rule.
The child must be your former spouse’s natural or legally adopted child.
Your survivors benefit amount is based on the earnings of the person who died.
The more they paid into Social Security, the higher your benefits would be.
The monthly amount you would get is a percentage of the deceased’s basic Social Security benefit. It depends on your age and the type of benefit you are eligible to receive.
Percentages for a surviving divorced spouse are the same as a widow or widower would receive. Here are some examples of what that percentage amount might be:
There may also be a special lump sum benefit payable upon death as well.
Yes, under certain conditions.
You can collect benefits on your ex-spouse’s record, even if the ex-spouse has remarried and even if the ex-spouse’s new spouse is collecting on the same record.
To get these benefits, you must:
If you get remarried, you are not eligible for Social Security benefits based on your ex-spouse’s work record.
If you were drawing divorced spouse benefits while single and then you remarry, those benefits will be terminated. You are required by law to report your change in marital status to Social Security.
If your ex-spouse has passed away, you could be eligible for survivor’s benefits if the marriage lasted 10 years or more.
You can receive reduced benefits starting at age 60 or full benefits at your full retirement age.
Survivors benefits are equivalent to the deceased spouse’s full Social Security benefit amount.
However, if you remarry before the age of 60, you cannot collect survivor’s benefits (unless your later marriage ends for any reason).
If you remarry after age 60, you can still receive survivor’s benefits based on your former spouse’s record.
If your ex-spouse has not yet applied for retirement benefits even though he or she has reached retirement age but is qualified to do so, you can still apply for ex-spousal benefits.
You have to meet the other eligibility criteria and you must have been divorced for at least two years.
Looking for more great tips on divorce and money? Here are a few of our favorite guides and resources:
Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. He is a Chartered Financial Analyst, Certified Financial Planner practitioner, and Certified Divorce Financial Analyst. You can email him at jason@survivedivorce.com.
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