Get Your Free Guide to Social Security for Divorced Spouses

Understanding Social Security for Divorced Spouses

Social Security provides benefits based on work records, and marriage history can affect these benefits. If you were married for at least 10 years and meet other requirements, you may be able to receive benefits based on your ex-spouse's work record. This is separate from your own benefit amount. Understanding how this works is important because many divorced people don't realize this option exists.

Learn About FMLA Leave Rights and Requirements →

When you divorce, your Social Security record remains independent from your ex-spouse's record. However, federal law allows you to claim benefits based on their earnings history under certain conditions. The amount you receive depends on factors like your age, your ex-spouse's benefit amount, and when you claim. This is not a shared benefit—it's a separate entitlement under Social Security rules.

The basic rule is straightforward: you must have been married for 10 years or longer. The marriage doesn't need to be recent. Even if your ex-spouse has remarried, you can still claim based on their record. Your ex-spouse does not need to be claiming benefits yet, though certain age requirements apply. The length of the marriage, counted from the wedding date to the divorce date becoming final, determines your eligibility to explore these benefits.

One common misconception is that claiming on an ex-spouse's record reduces their benefits. This is not true. Your benefit does not affect what they receive. Social Security calculates your potential benefit amount based on their earnings record, but paying you doesn't lower their monthly amount in any way.

Practical takeaway: If you were married for 10 or more years and are now divorced, you have a potential avenue for benefits that's worth understanding in detail. The length of your marriage is the first factor to verify.

Age Requirements and When You Can Claim

Age plays a major role in whether and when you can claim benefits based on an ex-spouse's record. Social Security has specific age thresholds that determine your options. Understanding these thresholds helps you plan when to claim and what benefits may be available to you.

Your Free Brightspeed Bill Payment Options Guide →

The earliest age at which you can claim benefits based on an ex-spouse's record is 62. However, if you claim at 62, your monthly benefit will be reduced compared to what you'd receive at your full retirement age. This reduction is permanent—it applies to every payment you receive for the rest of your life. The reduction percentage increases the earlier you claim. For example, claiming at 62 rather than at your full retirement age may result in a 30 to 35 percent reduction, depending on your birth year.

Your full retirement age depends on when you were born. For people born in 1945 or earlier, full retirement age is 65 or 66, depending on the exact birth year. For people born between 1945 and 1960, full retirement age gradually increases. For people born in 1960 or later, full retirement age is 67. At your full retirement age, you can claim your full benefit amount based on your ex-spouse's record with no reduction applied.

If you delay claiming past your full retirement age, your benefit increases by 8 percent per year until age 70. This increase is called a delayed retirement credit. So if your full retirement age is 66 and you delay until 70, you'd receive 32 percent more per month than you would have at 66. This larger monthly amount continues for life.

There's an important rule to understand: you can only claim benefits based on your ex-spouse's record if they are at least 62 years old, with one exception. If you are caring for a child under 16 who is your ex-spouse's child, you can claim at any age. Additionally, if your ex-spouse has already passed away, different rules apply regarding age.

Practical takeaway: Your birth year determines your full retirement age. If you were born in 1960 or later, your full retirement age is 67. Claiming before this age reduces your monthly benefit permanently. Delaying until 70 increases it significantly.

How the Benefit Amount Is Calculated

The amount of benefit you receive based on an ex-spouse's record depends on several factors. Social Security uses a specific formula to determine this amount. Understanding this formula gives you insight into what you might expect to receive.

Free Guide to Filing Insurance Claims With State Farm →

Your ex-spouse's Primary Insurance Amount (PIA) is the starting point. This is the benefit amount they would receive at their full retirement age. Social Security calculates this based on their 35 highest years of earnings. If they worked fewer than 35 years, zeros are included in the calculation, which lowers the average. Their PIA represents their lifetime earnings pattern and work history.

When you claim benefits on their record, you don't necessarily receive the full PIA amount. Instead, you receive a percentage of it based on your age when you claim. If you claim at your full retirement age, you can receive up to 50 percent of your ex-spouse's PIA. If you claim earlier, the percentage is lower. If you claim after your full retirement age, the percentage remains at 50 percent (unlike your own record, where it increases past full retirement age).

An example helps illustrate this. Suppose your ex-spouse's PIA is $2,000 per month at their full retirement age. If you claim based on their record at your full retirement age, you could receive up to $1,000 per month. If you claim at 62, that amount would be reduced. The exact reduction depends on how many years before your full retirement age you claim.

However, there's a rule called the Government Pension Offset that can affect your benefit if you receive a government pension. If you receive a pension from a job where you didn't pay Social Security taxes—such as certain government or military positions—your ex-spouse benefit may be reduced by two-thirds of that pension amount. This rule doesn't eliminate your benefit in most cases, but it can significantly reduce it.

Similarly, the Windfall Elimination Provision can affect your own Social Security benefit if you receive a government pension, though it operates differently than the Government Pension Offset.

Practical takeaway: Your ex-spouse's benefit amount at their full retirement age is the foundation for calculating your benefit. You can receive up to 50 percent of this amount if you claim at your full retirement age. Claiming earlier reduces this percentage permanently.

Divorce Requirements and Ex-Spouse Status

Specific requirements govern whether you can claim benefits based on an ex-spouse's record. These requirements go beyond just the 10-year marriage rule. Understanding all the requirements helps you determine what options are actually available to you.

Learn About Filing Complaints Against Lawyers →

First, the marriage must have lasted at least 10 years. This is measured from the date you married to the date your divorce became final. The 10-year period must be met exactly. A marriage that lasted 9 years and 11 months does not meet this requirement. However, if you were married twice to the same person for separate periods, some circumstances may allow those periods to be combined.

Second, you must be at least 62 years old to claim on an ex-spouse's record, except in the specific case of caring for a child under 16. There's no maximum age limit—you can claim at 85, 95, or beyond.

Third, your ex-spouse must be at least 62 years old. This applies whether or not they are claiming benefits themselves. In the past, you needed your ex-spouse to be claiming benefits to claim on their record, but this rule changed. Now, you only need them to be at least 62.

Fourth, you must be unmarried when you claim. If you remarry after your ex-spouse passes away, different rules apply. If you remarry while your ex-spouse is still living, you cannot claim benefits based on their record. However, if you remarry after age 60, you may still be able to claim based on your ex-spouse's record in some situations.

Fifth, you must be a U.S. citizen, national, or have a valid Social Security number. Non-citizens may have additional requirements.

The status of your ex-spouse matters in specific ways. They do not need to be claiming benefits. They do not need to be aware that you're claiming based on their record. They do not need to consent. However, they must still be living (with some exceptions for surviving divorced spouses). If they have passed away, you become a surviving divorced spouse, and different benefit rules apply.