If you’re divorced and want to claim Social Security benefits, verify your marriage lasted at least 10 years, and your divorce is finalized for at least two years unless your ex already receives benefits. You can start benefits at age 62, and survivor benefits are available at 60. Benefits depend on your ex’s work record and can be up to 50% of their full benefit. To maximize your benefits, understanding these rules is essential—more details can help you make the most of your options.
Key Takeaways
- Divorced spouses can claim benefits if married at least 10 years and divorced for at least two years.
- Benefits are available starting at age 62 and can be up to 50% of the ex-spouse’s full retirement benefit.
- Survivor benefits are accessible from age 60, with remarriage before 60 typically disqualifying eligibility.
- Claiming benefits does not require the ex-spouse’s knowledge or impact their benefits.
- Understanding eligibility and timing helps maximize benefits, especially amid rising gray divorce rates.
If you’re divorced and approaching retirement, you might be eligible for Social Security benefits based on your ex-spouse’s work record. To qualify, you need to have been married for at least 10 consecutive years—there are no exceptions for just shy of that, like 9 years and 11 months. Your divorce must also be finalized for at least two years unless your ex-spouse is already receiving benefits. You can claim benefits at age 62 or older, but if you want survivor benefits, you must wait until age 60 (or 50 if disabled). Keep in mind, you can’t be married at the time of application unless you remarried after age 60, which doesn’t affect survivor benefits. Also, your ex-spouse doesn’t need to have filed for benefits; they just need to be eligible. The application process is straightforward but separate from your ex-spouse’s benefits. You don’t need their knowledge or approval, and the SSA doesn’t notify them when you apply. Generally, you’ll need to provide certified copies of your marriage license and divorce decree. It’s wise to contact the SSA directly to confirm your eligibility and see how much you could receive. Your benefit won’t impact your ex-spouse’s benefits or current spouse’s benefits, which helps keep things simple. If your ex-spouse passes away, you can apply for survivor benefits, which could be up to 100% of their benefit if you wait until your survivor FRA. You need to be at least 60 (or 50 if disabled) to qualify, and remarriage before age 60 usually disqualifies you, unless your new marriage ends due to death, divorce, or annulment. Remarrying after age 60 doesn’t affect survivor benefits, and you can reclaim benefits from a previous marriage if that subsequent marriage ends. Your benefit amount can be up to 50% of your ex-spouse’s full retirement benefit, known as the Primary Insurance Amount (PIA). You’ll receive whichever is higher: your own benefit or your ex-spouse’s, but not both. If you claim before your full retirement age, your benefit gets reduced. Cost-of-living adjustments, like the 2.5% increase in 2025, can boost your benefit annually. However, if you have a pension from non-covered employment, a government pension offset might reduce your Social Security benefits. Many people are unaware that they can claim on an ex-spouse’s record, especially as divorce rates among older adults—sometimes called “gray divorce”—rise. Understanding the eligibility criteria and timing options can help maximize your benefits and *considerably* impact your retirement planning, providing additional financial security when you need it most.
Frequently Asked Questions
Can Ex-Spouses Claim Benefits if the Marriage Lasted Less Than 10 Years?
No, you can’t claim benefits if your marriage lasted less than 10 years. The Social Security rules specify that the marriage must be at least 10 years long to qualify for divorced spouse benefits. If your marriage was shorter, you’re limited to your own work history and benefits. This rule guarantees that benefits go to those in long-term, genuine relationships and helps prevent short-term or convenience marriages from claiming benefits.
How Does Remarriage Affect Eligibility for Social Security Benefits From a Former Spouse?
If you remarry, your eligibility for benefits from a former spouse typically ends, unless your new marriage ends by death, divorce, or annulment. Imagine the moment your new marriage dissolves—you could regain those benefits. But remember, marrying again before age 60 usually terminates survivor benefits. Your eligibility hinges on your marital history, so stay aware—your future benefits depend on these changes.
Are Benefits Available if the Ex-Spouse Has Not Claimed Their Own Social Security?
Yes, benefits are available even if your ex-spouse hasn’t claimed their Social Security. You can still apply for divorced spousal benefits based on their work record, regardless of whether they’ve filed for their own benefits. The SSA doesn’t require your ex-spouse to have claimed benefits first. Just make certain you meet other eligibility criteria, like the marriage duration and age requirements, and provide the necessary documents when you apply.
What Documents Are Needed to Prove Divorce for Social Security Claims?
You need to provide a divorce decree to verify your divorce when claiming Social Security benefits based on an ex-spouse. Make sure the document is the final court order that legally ends your marriage. You might also need additional documents like your marriage certificate or proof of your ex-spouse’s eligibility. Always bring original documents or certified copies to guarantee your claim process goes smoothly.
Can Surviving Ex-Spouses Receive Benefits After Remarriage?
Yes, surviving ex-spouses can receive benefits after remarriage if they remarried after age 60. Remarriage before age 60 generally ends survivor benefits, but if you remarry after that age, your benefits from a deceased spouse typically continue. For disabled individuals, remarriage after age 50 doesn’t affect survivor benefits either. Keep in mind, these rules don’t impact your own retirement or disability benefits.
Conclusion
Even if you think divorce complicates your Social Security benefits, it’s worth investigating the options available to you. Many people assume they won’t qualify or that their ex’s benefits won’t matter, but that’s not always true. By understanding your rights and the rules, you can ensure you’re not leaving money on the table. Don’t overlook these benefits—taking a little time now can make a significant difference later.
