Social Security for Divorced Couples: Claiming Rules You Must Know
CORE INSIGHTS
- The 10-Year Rule: You can claim on an ex-spouse’s record only if the marriage lasted at least 10 years.
- Independent Benefit: Your claim does not reduce your ex-spouse’s benefit (or their current spouse’s benefit).
- Maximize Potential: At your Full Retirement Age, a divorced spouse benefit can be up to 50% of your ex’s PIA.
Divorce creates a unique Social Security opportunity many people miss. If you were married long enough, you may be able to receive a benefit based on your ex-spouse’s earnings record—without affecting what they get. For many retirees, this rule can add meaningful lifetime income.
The $100,000 Lifetime Difference:
Suppose your own benefit is $1,200/month, but your ex-spouse’s benefit is $3,200/month.
• Divorced spouse benefit (50% of ex): $1,600/month.
• Your own: $1,200/month.
That $400 difference adds up to $120,000+ over a 25-year retirement.
Suppose your own benefit is $1,200/month, but your ex-spouse’s benefit is $3,200/month.
• Divorced spouse benefit (50% of ex): $1,600/month.
• Your own: $1,200/month.
That $400 difference adds up to $120,000+ over a 25-year retirement.
Eligibility and the 10-Year Rule
| Requirement | Rule |
|---|---|
| Marriage Duration | Married to your ex for at least 10 years. |
| Your Current Status | You must be currently unmarried. |
| Your Age | 62 or older. |
| Ex-Spouse Status | Your ex must be eligible for benefits (62+). |
| Two-Year Rule | If ex hasn’t filed, you must be divorced for 2+ years. |
Visualizing the Payout Difference
Divorced spouse benefits can be substantial when your ex was the higher earner. At your FRA, the maximum is 50% of your ex-spouse’s Primary Insurance Amount (PIA).
*Illustrative example. Maximum divorced spouse benefit equals 50% of your ex-spouse’s PIA when you file at your FRA.*
“Social Security ‘dual entitlement’ means they first pay your own benefit, then add an ex-spouse ‘top-off’ if that amount is higher.”
Strategic Action Steps
1
Gather Key Documents
You’ll need marriage and divorce dates, plus your ex-spouse’s SSN if available (SSA can help if you don’t have it).
You’ll need marriage and divorce dates, plus your ex-spouse’s SSN if available (SSA can help if you don’t have it).
2
Wait Until Your FRA
Filing at 62 permanently reduces the spousal benefit. To get the full 50%, you must wait until your Full Retirement Age.
Filing at 62 permanently reduces the spousal benefit. To get the full 50%, you must wait until your Full Retirement Age.
3
Check Survivor Benefits
If your ex-spouse passes away, you may be eligible for a survivor benefit worth 100% of their amount (if higher than yours).
If your ex-spouse passes away, you may be eligible for a survivor benefit worth 100% of their amount (if higher than yours).
The Bottom Line: Who Should Use This Rule?
- Claim on ex-spouse record if: your ex earned meaningfully more and the divorced spouse amount exceeds your own.
- Claim on own record if: you remarried, or your own benefit is already higher.
Frequently Asked Questions
Q. Does my ex-spouse need to agree to this?
No. Your claim is entirely independent of their consent. They will not be notified when you file, and your claim does not reduce their benefit amount.
Q. What if my ex-spouse hasn’t filed yet?
You can still claim as long as they’re eligible (62+)—and if they haven’t filed, you generally must be divorced for at least two years to claim independently.
Q. If I remarry, can I still claim the ex-spouse benefit?
Usually no. Divorced spouse benefits stop upon remarriage, unless the later marriage ends by divorce, annulment, or death.
Disclaimer: This article is for educational purposes only. Social Security rules can change and depend on personal circumstances. Consult a qualified advisor or the SSA for guidance.