A divorce ends a marriage, but it doesn’t always end your link to your former spouse’s Social Security record. If you were married long enough, you may be able to claim a benefit based on your ex’s work history, sometimes worth much more than your own.
Social Security highlighted the rules in a blog post this week. It’s one of the most overlooked benefits, especially for people who spent years out of work raising children or caring for family. Here’s who qualifies and how it works.
Who can claim
You can usually get benefits on your ex-spouse’s record if all of these are true:
- you were married for at least 10 years before the divorce became final
- you’re 62 or older
- you’re currently unmarried
- your ex is 62 or older and entitled to Social Security retirement or disability benefits
- the benefit you’d get on your own work record is less than what you’d get on your ex’s
What if your ex hasn’t claimed yet? You can still apply, as long as your ex is at least 62 and eligible, and you’ve been divorced for at least two years. SSA calls this being an “independently entitled” divorced spouse.
How much you could get
- At your full retirement age, which is 67 for anyone born in 1960 or later, you can get up to half of your ex’s full benefit.
- Claim earlier, from 62, and the amount is permanently reduced.
- Unlike your own retirement benefit, a spousal benefit doesn’t grow if you wait past full retirement age.
- If you’re also entitled to your own benefit, SSA pays your own first and tops it up with the spousal amount. You get the higher of the two, not both added together.
Your ex won’t lose a penny
This is the part that surprises people. Claiming on your ex’s record:
- doesn’t reduce your ex’s benefit
- doesn’t reduce benefits for your ex’s current spouse
- doesn’t require your ex’s permission or involvement
If your ex was married more than once for 10 years or more, each former spouse can claim, and none of them affects the others.
What if you remarry?
Remarrying generally ends your right to benefits on your ex’s record. If that later marriage ends, through divorce, annulment or death, you may become eligible again.
What if your ex dies?
The rules get more generous:
- As a surviving divorced spouse, you could get up to 100% of what your ex was receiving or entitled to, if you claim at your full survivor retirement age.
- You can claim survivor benefits from age 60, or 50 if you’re disabled, at a reduced rate.
- The 10-year marriage rule still applies, but there’s an exception if you’re caring for your ex’s child under 16 or disabled.
- If you remarry after age 60 (50 if disabled), you can still get survivor benefits on your ex’s record.
How to apply
- Gather documents: your birth certificate, your marriage certificate and divorce decree, and your ex’s Social Security number if you have it. If you don’t, SSA can usually find the record with their name and date of birth.
- Apply online at ssa.gov, or call 1-800-772-1213 to book an appointment.
- Ask SSA to compare your own benefit and the divorced spouse benefit, so you get the higher one.
One thing to know: if you were born on or after January 2, 1954, applying for one benefit usually means you’re treated as applying for both your own and the spousal benefit. You can’t claim just one and let the other grow. That doesn’t apply to survivor benefits.
Sources: SSA Blog, Social Security Benefits for Divorced Spouses (October 27, 2026), SSA Program Operations Manual (RS 00202.005) and SSA Handbook, Section 311.
Jackson is a dedicated USA news writer, who covers important topics such as Social Security payment schedules, COLA increases, IRS tax refunds, stimulus payment announcements, Medicare eligibility, retirement benefits, and changes to state driving laws. His goal is to provide clear, informative, and easy-to-follow articles that help retirees, seniors, taxpayers, and American families stay informed.