Social Security Benefits for Divorced Spouses

Social Security benefits often play a role in retirement planning, whether you’re single, married, widowed or divorced. If you were previously married, it’s helpful to understand how claiming a Social Security benefit for divorced spouse status works. Even though your marriage may be over, you may still receive benefits from the Social Security Administration when you meet certain conditions. These eligibility rules help you determine whether you qualify for divorced spouse benefits from Social Security.

Before filing for Social Security, work with a financial advisor to see how your benefits may impact your overall financial plan.

Can Ex-Spouses Claim Benefits?

Certain family members may qualify for benefits when someone receives Social Security. This includes current spouses, children and ex-spouses. If you’re divorced, your former spouse may be able to claim a retirement benefit that’s equivalent to one-half of the retirement benefit you receive.

When someone claims a Social Security benefit as a divorced spouse, it doesn’t affect the amount of money their former spouse receives. Therefore, if your ex-wife or ex-husband claims a divorced spouse benefit, it will not change your monthly Social Security benefit. Your earnings record will determine how much money they receive.

Divorced spouses can claim Social Security benefits if they need the additional income to supplement other streams of retirement income. However, there are limits on who qualifies for this benefit and how much money they can receive.

Who Is Eligible for Social Security Divorced Spouse Benefits?

The Social Security Administration (SSA) spells out who can and cannot receive Social Security divorced spouse benefits.

If you are divorced, your former spouse can receive benefits based on your earnings record if they meet these conditions: ¹

• The marriage lasted 10 years or longer.
• Your former spouse is unmarried.
• Your former spouse is age 62 or older.
• The benefit your ex-spouse could receive based on their own earnings history is less than what they would receive based on your earnings history.
• You’re entitled to Social Security retirement or disability benefits.

The Social Security Administration still applies these rules if you remarry. If your ex-spouse remarries, they cannot claim any Social Security benefits based on your earnings record. Instead, they must claim benefits based on their own work history or their new spouse’s earnings record.

Another wrinkle arises when a former spouse remarries and then divorces or becomes widowed. In this situation, they can claim a surviving spouse’s benefit or a divorced spouse’s benefit, depending on which is higher.

This means you can’t necessarily avoid divorced spouse benefits for Social Security even if your ex remarries. It’s possible that they could still choose to claim a Social Security divorced spouse benefit if it’s higher than a surviving spouse benefit following the death of their spouse.

What Does Social Security Pay Divorced Spouses?

The amount of Social Security benefits a divorced spouse can receive depends on your earnings record, their earnings record and whether you’ve applied for retirement benefits or not.

If you qualify for retirement benefits through Social Security but have yet to apply, your former spouse can receive benefits based on your record. However, you must be divorced for at least two consecutive years to be eligible.

If your former spouse is eligible to claim retirement benefits based on their own work and earnings history, Social Security would pay that amount to them first. They could then qualify for additional amounts based on your earnings if your retirement benefit is higher. At a maximum, divorced spouses can receive a benefit that’s equal to one-half of their benefit amount.

A divorced spouse born before Jan. 2, 1954 and who is at full retirement age or older could choose to claim a divorced spouse’s benefit and delay their own retirement benefit. Divorced spouses born after Jan. 2, 1954 don’t have that option.

Working after divorce can affect a former spouse’s benefits since they still must follow the regular limitations on earnings. Again, having a former spouse receive divorced spouse benefits will not affect how much money you get from Social Security.

Filing for Social Security’s Divorced Spouse Benefits

If you think you’re eligible to claim divorced spouse benefits from Social Security, you can apply online if you’re 62 or older, or within three months of turning 62. You can also start your application for divorced benefits online or in person at a Social Security office.

Documents to Apply

You’ll need some key information to apply for a Social Security benefit for divorced spouses, including the following: ²

• Name, Social Security number and gender
• Birth name, date of birth and place of birth
• Citizenship status
• Whether a public or religious record was made of your birth before age 5
• Whether you’ve filed for Social Security benefits, Medicare or Supplemental Security Income (SSI), or if anyone has filed on your behalf
• Any alternate Social Security numbers you’ve used
• Work status and whether you’ve been unable to work because of illness, injuries or other conditions at any time during the past 14 months
• Military service status
• Railroad industry employment status
• Whether you’ve earned Social Security credits under another country’s system
• Whether you qualify for or expect to receive a pension or annuity from federal employment
• Your current marital status
• Names, dates of birth and Social Security numbers for former spouses
• Dates and places of each marriage, and date of divorce
• Names of unmarried children under age 18 or disabled dependents under age 22
• Employer’s name and earnings for the current, previous and following years
• Month you want your benefits to begin
• Whether you want to enroll in Medicare Part B if you’re three months away from turning 65

The Social Security Administration may request documents to prove your eligibility for Social Security divorced spouse benefits, including these.

• Birth certificate
• Proof of citizenship
• Military discharge papers
• W-2s or other tax forms
• Original marriage certificate
• Official divorce decree

Applying early can lead to faster approval and earlier benefit payments.

How Divorced Spouse Benefits Interact With Your Own Retirement Strategy

Qualifying for a divorced spouse benefit does not mean you have to claim it:

• Work history. If you have your own work history, Social Security first calculates the retirement benefit based on your record. You receive an additional amount only if the divorced spouse benefit is higher.
• Age. The age at which you take your benefits also matters. Divorced spouse benefits are reduced if you claim before full retirement age. This is 67 for anyone born in 1960 or later. Claiming early at 62 can permanently reduce the amount you receive. Waiting until full retirement age can help you avoid that reduction.
• Personal retirement benefit. The rules are different between your own benefit and a divorced spouse benefit. Your own retirement benefit can grow if you delay past full retirement age, up to age 70. A divorced spouse benefit does not receive delayed retirement credits. If you are claiming only on a former spouse’s record, there is generally no added benefit to waiting beyond full retirement age.

Other income can also affect your claiming strategy. If you work while claiming Social Security before full retirement age, the earnings limit may temporarily reduce your benefit.

Pension income, retirement account withdrawals and part-time work can also affect your broader tax picture, even if they do not directly reduce the divorced spouse benefit. Looking at these factors together before filing can help you avoid a smaller-than-expected benefit or unnecessary tax surprises.

What Happens to Divorced Spouse Benefits When Either Party Dies

If your former spouse dies, your benefit options may change.

A divorced spouse may qualify for a survivor benefit worth up to 100% of the deceased former spouse’s benefit, compared with the 50% maximum available while the former spouse is alive. That can make a significant difference for someone whose own benefit is lower.

The 10-year marriage requirement generally still applies. To claim a divorced spouse survivor benefit, you must usually be at least 60, or 50 if you are disabled. Unlike a divorced spouse benefit during a former spouse’s lifetime, the survivor benefit can be available even if your former spouse had not yet started collecting Social Security.

Remarriage can affect eligibility. If you remarry before age 60, you generally cannot claim a survivor benefit on a former spouse’s record while that later marriage remains in effect. If the later marriage ends through divorce, annulment or death, you may then be eligible.

Your former spouse’s claiming decision can also matter after death. If they delayed Social Security past full retirement age, the survivor benefit may reflect the higher amount they earned through delayed retirement credits. In other words, when they claim, it can affect what you may receive as a surviving divorced spouse.

A financial advisor can help you compare your own benefit, divorced spouse benefit and potential survivor benefit to determine when filing may make the most sense.

Bottom Line

If you worry about how a Social Security benefit for a divorced spouse may affect your own benefits, the answer is not at all. When you’re a divorced spouse exploring these benefits, it’s helpful to understand who qualifies and how to apply. Either way, it’s important to consider where Social Security benefits fit into your larger retirement planning picture.

Tips for Retirement Planning

• When you’re divorced, consider talking to a financial advisor about the best way to plan for Social Security. If you don’t have a financial advisor yet, finding one doesn’t have to be difficult. SmartAsset’s financial advisor matching tool makes it easy and convenient to connect with professional advisors in your local area. You can get personalized advisor recommendations online in just minutes. If you’re ready, start now.
• Use a free Social Security benefits calculator to estimate what you will receive.
• While divorced spouse benefits won’t affect your retirement benefit amount, other things can. For example, claiming benefits at age 62 versus waiting until you reach full retirement age can reduce the amount you receive monthly. You may also receive a reduction in benefits if you haven’t reached full retirement age yet and you’re working while claiming Social Security. Waiting until age 70 to claim benefits, on the other hand, could significantly increase your benefit amount. So it’s important to have a strategy in mind to help you maximize your Social Security benefits.

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