What divorced spouses can receive from Social Security
If you were married for at least 10 years, you may receive benefits based on your ex-spouse's Social Security record — even if they have remarried. You do not need your ex-spouse's permission, and claiming on their record does not reduce the amount they receive. Social Security calculates this benefit as a percentage of what your ex-spouse is may have access to to at their full retirement age, regardless of when they actually claim.
The key requirement is the 10-year marriage. If your marriage lasted nine years and eleven months, you do not meet the threshold. The clock starts from your wedding date and ends on your divorce date. If you remarry before age 60, you lose the right to claim on your ex-spouse's record, though you may regain it if that later marriage ends.
Key Takeaways
- You must have been married for at least 10 years to claim benefits on an ex-spouse's record, and you must be at least 62 years old.
- Your ex-spouse's benefit amount is calculated based on their full retirement age benefit, not what they actually receive if they claimed early or delayed.
- A divorced spouse typically receives up to 50 percent of the ex-spouse's full retirement age benefit if claiming at their own full retirement age.
- If you claim before your full retirement age, your benefit is reduced by a percentage that depends on how many months early you claim.
- You can claim on an ex-spouse's record while letting your own benefit grow, or vice versa, depending on your birth year and when you reach full retirement age.
How the 50 percent rule works
The maximum benefit a divorced spouse can receive is 50 percent of what the ex-spouse was may have access to to at their full retirement age. This is not 50 percent of what the ex-spouse actually receives — it is 50 percent of their Primary Insurance Amount, or PIA, which is the benefit they would get if they claimed at full retirement age.
For example, if your ex-spouse's full retirement age benefit is $2,000 per month, your maximum divorced spouse benefit is $1,000 per month. This remains true even if your ex-spouse claimed early and receives only $1,400 per month, or if they delayed and now receive $2,800 per month. Your benefit is always tied to their full retirement age amount, not their actual payment.
You must be at least 62 years old to claim this benefit. You do not have to wait until your own full retirement age, but claiming before that age reduces your monthly payment.
Reductions for claiming before full retirement age
If you claim a divorced spouse benefit before reaching your full retirement age, Social Security reduces your payment. The reduction depends on how many months before your full retirement age you claim. The earlier you claim, the larger the reduction.
The reduction is roughly 35 percent if you claim at age 62 (the earliest possible age for most people). At age 63, the reduction is smaller. At your full retirement age, there is no reduction — you receive the full 50 percent. The exact reduction percentage varies slightly based on your birth year, because full retirement age itself varies.
This reduction is permanent. If you claim at 62, your monthly payment will always be lower than if you had waited until full retirement age, even after you reach that age.
When your own benefit matters more than your ex-spouse's
Social Security compares two amounts: your benefit based on your own work record, and your benefit based on your ex-spouse's record. You receive whichever is higher. This is called the deemed filing rule, and it applies to most people born in 1954 or later.
If you were born in 1954 or later and you claim before your full retirement age, Social Security automatically files you for both benefits at the same time. You receive the higher of the two, reduced for early claiming. You cannot choose to take only the ex-spouse benefit and let your own benefit grow — both are filed together.
If you were born in 1953 or earlier, you have more flexibility. You can file for your ex-spouse benefit at 62 and let your own benefit grow until 70, or file for your own benefit first and switch to the ex-spouse benefit later. This strategy is no longer available to people born after 1953.
What happens if your ex-spouse has not claimed yet
You can claim a divorced spouse benefit even if your ex-spouse has not yet claimed Social Security. Your ex-spouse must be at least 62 years old, but they do not have to have filed. Social Security will use their estimated benefit amount based on their earnings record.
If your ex-spouse has not claimed by the time you reach your full retirement age, you can claim your divorced spouse benefit without automatically filing for your own benefit — but only if you were born in 1953 or earlier. If you were born in 1954 or later, both benefits are filed together regardless of whether your ex-spouse has claimed.
Remarriage and your divorced spouse benefit
If you remarry before age 60, you lose the right to claim on your ex-spouse's record. This rule exists to prevent people from claiming on multiple ex-spouses' records. However, if you remarry at age 60 or later, you keep the right to claim on your ex-spouse's record.
If you remarry after age 60, you can claim on your current spouse's record, your ex-spouse's record, or your own record — whichever gives you the highest benefit. Social Security will pay you based on whichever is largest.
If a later marriage ends in divorce, you may also have rights to claim on that spouse's record if the marriage lasted 10 years. You can claim on the record of whichever ex-spouse gives you the higher benefit.
How to report your marriage history to Social Security
When you contact Social Security to claim benefits, bring your divorce decree and your marriage certificate. Social Security needs to verify the marriage lasted at least 10 years. If you have remarried and that marriage has ended, bring documentation of that as well.
You can explore online at ssa.gov, by phone at 1-800-772-1213, or in person at your local Social Security office. The online process asks about your marriage history. If you explore by phone or in person, tell the representative about all marriages that lasted 10 years or longer.
Social Security will verify your information with state vital records. This process usually takes a few weeks. Once your claim is processed, your benefit begins the month after you explore, or the month you turn 62 if you explore before then.
Frequently Asked Questions
Can I claim on my ex-spouse's record if they are still working?
Yes. Your ex-spouse's current work does not affect your ability to claim on their record. However, if your ex-spouse has not yet claimed Social Security themselves, they must be at least 62 for you to claim on their record.
What if my ex-spouse dies before I claim?
You may be may have access to to a divorced survivor benefit, which is different from a divorced spouse benefit. Survivor benefits are typically higher — up to 75 percent of what your ex-spouse was receiving or may have access to to receive. You must have been married for at least 10 years, and you must be at least 60 years old (or 50 if you are disabled).
Does claiming on my ex-spouse's record affect my own Social Security later?
If you were born in 1954 or later, claiming on your ex-spouse's record before full retirement age automatically files you for your own benefit as well, and both are reduced. If you were born in 1953 or earlier, you may be able to claim on your ex-spouse's record while delaying your own benefit, but this depends on your specific situation and birth date.
Can I claim on more than one ex-spouse's record?
No. Social Security pays you based on whichever record gives you the highest benefit. If you have multiple ex-spouses whose records you are may have access to to use, Social Security automatically selects the one that results in the largest payment.
What if I was married multiple times, each for 10 years?
You can claim on any of those ex-spouses' records, but Social Security will pay you based on whichever one results in the highest benefit. You cannot receive benefits from multiple ex-spouse records at the same time.