You can collect Social Security on an ex-spouse’s record if the marriage lasted at least 10 years, you’re at least 62, and you’re currently unmarried. The benefit runs up to 50% of the ex’s full retirement amount, it does not reduce their check by a penny, and they are never notified. If your divorce was finalized at least two years ago, you don’t even need to wait for your ex to start their own benefits.
Who qualifies for divorced spouse benefits?
All of these must be true:
- The marriage lasted 10 years or more — measured from wedding date to the date the divorce became final. Nine years and eleven months does not qualify; there is no rounding.
- You are unmarried now. Remarrying generally ends eligibility on the ex’s record (with an exception for survivor benefits — see below). Your ex’s remarriage is irrelevant.
- You are 62 or older.
- Your ex is entitled to retirement or disability benefits. If they haven’t filed yet, you can still claim as an "independently entitled divorced spouse" once you’ve been divorced two full years, as long as the ex is at least 62.
- Your own benefit is smaller. SSA pays your own retirement first; the divorced-spouse benefit only adds the difference if 50% of the ex’s amount exceeds your own.
How much is the benefit?
At your full retirement age (67 for anyone born in 1960 or later), the divorced spouse benefit equals 50% of your ex’s primary insurance amount — the amount they’d get at their own full retirement age, regardless of when they actually claim. Claim earlier than your full retirement age and the percentage shrinks; at 62 it’s roughly a third instead of half. Unlike your own retirement benefit, it does not grow past full retirement age, so there’s no reason to delay claiming it beyond FRA.
One rule surprises many filers: deemed filing. When you file, SSA automatically checks both your own record and the divorced-spouse benefit and pays the higher combination — you can no longer claim only the spousal portion at 62 and switch to your own bigger benefit later. (Survivor benefits are the exception where switching strategies still exist, similar to switching from a survivor benefit to your own.)
Does claiming affect your ex or their new spouse?
No, in every direction:
- Your ex’s benefit amount is untouched.
- Their current spouse’s benefits are untouched.
- Multiple ex-spouses can each collect on the same record; none affects the others.
- SSA does not notify your ex that you filed. They will never know unless you tell them.
You will need to prove the marriage and divorce: bring or upload the marriage certificate and the final divorce decree. If you don’t know your ex’s Social Security number, SSA can usually locate the record from their name, date of birth, and parents’ names.
What if your ex dies?
You may switch to a divorced survivor benefit — up to 100% of what the ex was receiving, rather than 50%. The 10-year marriage rule still applies, but the remarriage rule loosens: remarrying after age 60 doesn’t block survivor benefits. Survivor benefits can also start as early as 60 (50 if disabled), and you can still let your own retirement benefit grow and switch later — one of the few claiming strategies deemed filing didn’t eliminate.
FAQ
We were married 10 years but divorced 30 years ago. Still eligible?
Yes. There’s no limit on how long ago the marriage ended.
Does my ex’s income or new claim timing change my amount?
The divorced-spouse benefit is based on their earnings record, not when they claim. Their early or late filing doesn’t change your 50%-of-PIA base.
Will this benefit be reduced if I’m still working?
Before full retirement age, the annual earnings limit applies to all benefits, including divorced-spouse benefits — earnings above the limit temporarily withhold benefits, restored later.
How do I apply?
Online at ssa.gov, by phone at 1-800-772-1213, or at a field office. Say explicitly you may qualify as a divorced spouse so both records are checked — SSA computes the best combination but only for the records it knows about.