The short answer
A divorced spouse can collect Social Security on a former spouse's record if the marriage lasted at least 10 years before the divorce became final, the claimant is at least 62 and unmarried, and the claimant's own benefit would be smaller than the divorced-spouse amount. The benefit is up to half of the ex-spouse's full retirement age benefit, reduced if claimed before the claimant's own full retirement age. The ex-spouse must be receiving retirement or disability benefits or, if not yet filed, be at least 62 with the divorce final for at least two continuous years. Claiming does not reduce the ex-spouse's benefit or any benefit paid to the ex's current spouse, and the ex is not asked to agree. Remarrying ends the benefit, unless the new marriage ends. Applying takes the same steps as any retirement claim.
The tests, one at a time
Social Security looks at five things. Meeting all of them in the same month is what starts a divorced-spouse benefit.
- The marriage lasted at least 10 years. The 10 years must run right up to the date the divorce became final. A remarriage to the same person can complete the 10 years if it happened no later than the calendar year after the divorce.
- You are at least 62 for the entire month in which you want the benefit to begin.
- You are not married. A divorced spouse who marries someone else generally loses the benefit.
- Your ex-spouse is entitled to benefits, retirement or disability, or is at least 62 and has not filed but meets the two-year rule below.
- Your own benefit is smaller than the divorced-spouse amount. If your own is the same or larger, you receive your own and nothing extra.
The two-year rule is what lets you claim when your ex has not. If your ex-spouse is at least 62 and has not applied, you can still be paid if the divorce has been final for at least two continuous years. Your ex does not have to file, does not have to agree and is not asked to take part.
What it can pay
At your own full retirement age, a divorced-spouse benefit is up to 50 percent of your ex-spouse's full retirement age benefit, the amount the agency calls the primary insurance amount. If you claim before your own full retirement age, the benefit is permanently reduced. A claim at 62 with a full retirement age of 67 pays about 32.5 percent of the ex-spouse's benefit instead of 50 percent.
Two things do not raise it. The amount does not grow if your ex waits past full retirement age to claim, and it does not depend on how long the marriage lasted beyond the 10 years. It also does not depend on whether your ex has remarried or how much the new spouse earns.
Swipe sideways to see the whole table.
| If you claim at | Share of the ex's amount | Monthly benefit, before your own |
|---|---|---|
| 62, with a full retirement age of 67 | 32.5 percent | $780 |
| 64 | 37.5 percent | $900 |
| Full retirement age | 50 percent | $1,200 |
The figures assume a full retirement age of 67, which applies to anyone born in 1960 or later. At 64, which is 36 months early, the reduction is 25 percent, so the benefit is 75 percent of the 50 percent, or 37.5 percent.
When you have your own record too
Most divorced people have worked, so the question is usually which record pays more. The agency pays your own retirement benefit first. If a divorced-spouse benefit is larger, it adds the difference, so you receive your own plus the excess. If your own benefit is higher, the divorced-spouse benefit adds nothing.
For anyone born after January 1, 1954, applying for one benefit counts as applying for all the benefits you could receive. That means you cannot claim a divorced-spouse benefit alone and let your own grow. If you claim before full retirement age, both benefits are reduced.
Example (hypothetical): your own record against an ex-spouse's
A woman divorced after 14 years of marriage. At her full retirement age her own benefit is $900. Her ex-husband's full retirement age benefit is $2,400, so her divorced-spouse benefit would be up to $1,200. She receives her own $900 plus the $300 difference, a total of $1,200. If her own benefit had been $1,300, she would receive only her own.
Getting paid, and getting started
You can apply online, by phone at 1-800-772-1213 or at a local Social Security office. Bring proof of your age, your marriage certificate and your divorce decree, and your ex-spouse's Social Security number if you know it. If you do not, the agency can often locate the record with other details, such as a name, a birth date and a birthplace. Our guide to applying for retirement benefits covers the full application.
The agency needs original documents or copies certified by the office that issued them, not photocopies. A lost marriage certificate comes from the vital records office of the state where you married, and a lost divorce decree from the court clerk where the divorce was granted. Order them early, because they can take weeks, and apply in the meantime if you are otherwise ready.
Benefits begin in the first month you meet every test, and they are paid the month after, like all Social Security benefits. If you are at least full retirement age when you apply, the agency can pay up to six months of back benefits.
Your ex-spouse's involvement is not needed, and your claim does not reduce your ex's benefit or the benefit of your ex's current spouse. You cannot see your ex-spouse's earnings record, but the agency can generally work out what you would receive without sharing it.
Why so many people never ask
Several beliefs keep eligible people from claiming. Some think an ex-spouse has to agree, or has to be told, and neither is true. Some assume the benefit disappears if the ex remarried, but only the claimant's own remarriage matters. Some are unaware of the two-year rule and wait until the ex files, which can be years. And some assume that claiming on an ex's record means giving up their own, when in fact the agency simply pays the larger of the two with the difference added.
The cost of not asking is real: benefits generally cannot be paid for months before you apply, apart from the six-month look-back available at full retirement age. A few phone calls and an hour with the paperwork can be worth a meaningful monthly amount for the rest of your life.
Situations that change the answer
- Your ex-spouse has a thin earnings record. The benefit comes from the ex's record. If the ex never earned enough credits to be insured, there is nothing to base it on.
- You had more than one long marriage. You can be paid on only one former spouse's record at a time, and the agency pays the one that gives the higher amount.
- Your ex-spouse receives disability benefits. You can claim at 62 on the ex's record, even if the ex is younger than 62, as long as you meet the other tests.
- You are close to 65. A divorced spouse who was married at least 10 years and has not remarried can qualify for premium-free Medicare Part A on the ex-spouse's record, which matters if you have too few work credits of your own.
The benefit is taxed under the same rules as the rest of your Social Security income, so what you owe depends on your other income. Our guide to whether Social Security is taxable explains the thresholds.
Remarriage, and what a divorced survivor gets
If you remarry, the divorced-spouse benefit ends. If the new marriage later ends by death, divorce or annulment, you can ask for it again, and you can also look at what the new spouse's record would pay.
A different set of rules applies when a former spouse has died. A divorced surviving spouse can collect on the late ex-spouse's record at 60, or at 50 if disabled, after a marriage of at least 10 years, and in that case remarrying after age 60 does not end the benefit. Survivor benefits are generally larger than divorced-spouse benefits, and our guide to survivor benefits explains how to compare them.
If you have a public pension
A pension from work not covered by Social Security used to cut a spousal or survivor benefit. That rule, the Government Pension Offset, was repealed for payments after December 2023, so a divorced spouse who has a government pension should no longer see a deduction. Our guide to WEP and GPO explains what changed and who was affected.
Questions about claiming on an ex-spouse's record
Do I need my ex-spouse's permission?
No. You do not need consent, and the agency does not ask your ex to take part. If your ex has not applied, you can still be paid once the divorce has been final for two years and your ex is 62.
Does my claim reduce what my ex receives?
No. A divorced-spouse benefit is paid from your ex-spouse's record without lowering your ex's benefit or the benefit of a current spouse.
What if I was married for nine years and eleven months?
The 10-year requirement is firm, and the agency counts the months before the divorce became final. A marriage that falls short does not qualify, but a remarriage to the same person can complete the 10 years in some cases, so check the dates.
Can I claim on my ex-spouse's record if my ex has remarried?
Yes. Your ex's later marriage does not affect your claim, as long as you meet the tests yourself. Your own remarriage is what ends it.
What the agency decides
The agency decides each claim and confirms the marriage dates, the divorce date and which benefit pays more. The figures here are examples, and the real amount depends on the earnings records involved. For a case with a marriage that ended in an annulment, a foreign divorce or a gap in the dates, contact the agency before you assume the answer.
Official sources
Before you file
Find your marriage certificate and divorce decree, and write down your ex-spouse's name, birth date and Social Security number if you know it. Then compare what your own record and a divorced-spouse benefit would pay with the spousal benefit calculator, and apply when the numbers are clear.
