Who Qualifies for Divorced Spouse Benefits
To receive Social Security benefits based on an ex-spouse's work record, you must meet all of these requirements: the marriage lasted at least 10 years; you are currently unmarried (you divorced your ex, not currently remarried — though certain exceptions apply for divorced survivor benefits); you are age 62 or older; your ex-spouse is entitled to Social Security retirement or disability benefits; and your own Social Security benefit based on your own work record is less than half of your ex-spouse's full retirement age benefit.
An important note: if your ex-spouse has not yet filed for their own benefits but is at least 62 and eligible to receive them, you can still apply for divorced spousal benefits if you have been divorced for at least 2 years. This "independently entitled divorced spouse" rule allows you to collect without waiting for your ex to file.
How Much Can You Receive
The maximum divorced spouse benefit is 50% of your ex-spouse's Primary Insurance Amount (PIA) — their benefit at full retirement age. This maximum applies only if you claim at your own full retirement age. Claiming before your FRA reduces the divorced spousal benefit — by the same reduction rules that apply to your own retirement benefit. If your FRA is 67 and you claim at 62, you receive approximately 35% of your ex-spouse's PIA, not 50%.
You cannot receive more than 50% of your ex-spouse's PIA from divorced spousal benefits. There are no delayed retirement credits for divorced spousal benefits — waiting past your FRA does not increase the amount. The optimal claiming age for divorced spousal benefits is typically your FRA.
Claiming Doesn't Affect Your Ex-Spouse
Your ex-spouse's benefit is completely unaffected by your claim for divorced spousal benefits. Social Security auxiliary benefits (spousal and divorced spousal benefits) are paid from a separate pool — they don't reduce the worker's own retirement benefit. Your ex-spouse won't be notified that you've claimed benefits on their record, and their monthly payment won't decrease by one cent. This is one of the most common misconceptions — many people avoid claiming because they think it hurts their ex, but it doesn't.
What Happens If You Remarry
If you remarry, you lose the divorced spousal benefit from your first marriage. However, you may become eligible for spousal benefits based on your new spouse's work record. If your new marriage ends (divorce, annulment, or death of the new spouse), you can reapply for divorced spousal benefits from your first marriage if you still meet all other requirements.
Divorced Spouse Survivor Benefits
If your ex-spouse dies, you may be eligible for divorced spouse survivor benefits — up to 100% of their benefit (compared to the 50% maximum for divorced spousal benefits while they're alive). Survivor benefit requirements: marriage lasted at least 10 years; you are age 60 or older (50 if disabled); you are currently unmarried OR you remarried after age 60 (50 if disabled). Divorced survivor benefits can be significantly larger than divorced spousal benefits and are worth exploring when an ex-spouse passes away.
How to Apply
Apply for divorced spouse benefits through Social Security. You'll need: your Social Security number and your ex-spouse's Social Security number (if known); your birth certificate; your marriage certificate(s); divorce decree(s); and your most recent W-2 or tax return. Apply online at ssa.gov, call 1-800-772-1213, or visit your local SSA office. SSA will look up your ex-spouse's earnings record — you don't need their cooperation or approval.
Own Record vs Spousal Record — Which Is Higher
SSA automatically compares your own retirement benefit with the divorced spousal benefit and pays you the higher amount. If your own work history produces a benefit greater than 50% of your ex's PIA, you receive your own benefit. You cannot add the two together — it's one or the other, whichever is greater. For people with limited work history or lower lifetime earnings, the divorced spousal benefit may be substantially higher than their own retirement benefit, making the 10-year marriage rule extremely valuable financially.