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Social Security

Social Security Divorced Spouse Benefits: Do You Qualify?

You can collect on an ex-spouse's Social Security record if the marriage lasted at least 10 years, you're unmarried and 62 or older, and your ex is at least 62 — even if they haven't filed, once you've been divorced two years. Answer the questions to see if you qualify and your estimated check.

SSA divorced-spouse rules Verified October 23, 2026

Your details

Your ex-spouse is

yrs
yrs
yrs
$

SSA will look it up for you when you apply; an estimate is fine here.

$

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You qualify — estimated check

$1,015

Your own $640 plus a divorced-spouse top-up of $375. Your ex is not notified and their check does not change.

  • Married at least 10 years
  • You are not remarried now
  • You are at least 62
  • Your ex is at least 62
  • Divorced at least 2 years (so your ex doesn't have to have filed)

Most you can get on their record

$1,300

50% at your full retirement age

Top-up at your start age

$375

Show the math

A divorced spouse is paid exactly like a current spouse: up to half the ex’s full-retirement-age benefit, minus your own, reduced if you start before your full retirement age. After 2 years of divorce you can be paid even if your ex hasn’t filed. A surviving divorced spouse is paid like a widow(er): 71.5% at 60 rising to 100%. Several ex-spouses can all claim on one record without reducing each other.

If you remarry

Remarrying ends divorced-spouse benefits (unless that marriage also ends). Survivor benefits on an ex survive a remarriage at 60 or later.

Next stepCompare with a current spouse's recordIf you have remarried, see what the new spouse's record would pay instead.
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Who qualifies for divorced-spouse benefits?

You qualify when all five rules are true. Miss one and the answer is "not yet" — often only a matter of time. (SSA: benefits for spouses)

  1. The marriage lasted at least 10 years.
  2. You are unmarried now.
  3. You are 62 or older.
  4. Your ex is 62 or older.
  5. Your ex has filed for benefits — or you've been divorced at least 2 years ("independently entitled").

Also, your own retirement benefit must be smaller than the divorced-spouse amount; otherwise SSA simply pays you on your own record.

Mature woman at a desk with paperwork and a calculator
Photo: Mikhail Nilov / Pexels

Ex-Spouse Social Security Benefits: How Much You Can Get

An ex-spouse gets exactly what a current spouse would: up to 50% of the ex's full-retirement-age benefit, minus your own, cut if you start before your own full retirement age. Started at 62 with a full retirement age of 67, that is 32.5% of the ex's benefit instead of 50%.

Your situation What you can get
Ex is alive Up to 50% of their PIA (no delayed credits)
Ex has died Survivor benefit: 71.5% at 60, up to 100%
Several ex-spouses, same worker Each gets the full amount; no one is reduced

If your ex has died, you're treated like a widow(er), and the benefit includes the delayed credits they earned. See the full age schedule on the widow benefits calculator. (SSA: survivor benefits)

Senior woman with coffee taking a phone call at home
Photo: Yan Krukau / Pexels

What happens if you remarry?

Remarrying ends divorced-spouse benefits on the ex's record (unless the new marriage also ends). Survivor benefits are kinder: remarrying at 60 or later keeps them. If you've remarried, compare your new spouse's record on the spousal benefits calculator — you can be paid on whichever is higher.

Our take: the calendar is part of the decision

If you're divorcing after nine-and-a-half years, the 10-year line is worth knowing before you sign. And if you were married 10+ years and are thinking of remarrying before 60, run these numbers first. When you're ready to pick an age, the break-even calculator shows what waiting is worth on your own record.

Frequently asked questions

Will my ex-spouse find out if I claim on their record?

No. Social Security does not notify your ex, and you don't need their permission. You only need their name, Social Security number or enough details for SSA to find the record.

Does my claim reduce my ex's benefit or their new spouse's?

No. Benefits paid to a divorced spouse don't count against your ex's family maximum and don't reduce what your ex or their current spouse receives.

I had two marriages that each lasted 10 years. Which record do I use?

You can be paid on whichever record gives you the higher benefit, as long as you meet the rules for that marriage and you're currently unmarried.

What documents will Social Security ask for?

Usually your birth certificate, the marriage certificate and the final divorce decree, plus your ex's Social Security number if you have it.

Sources

Primary sources only. We re-check them whenever an agency publishes new figures.

  1. SSA
  2. SSA
  3. SSA

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