From its beginnings in the days of President Franklin Roosevelt, Social Security has held fast that spouses and ex-spouses have a claiming right to retirement benefits. It’s also helpful to know how Social Security can give you a guaranteed income in retirement, maybe even more than you thought. This is especially true if you are divorced and getting ready to retire.
A spouse may be currently married—or formerly married—to an employed person, but under Social Security, as long as the former marriage was a long-term relationship, it still counts when it comes to claiming your Social Security benefits. Heres how the rules work if you are divorced.
Are you divorced and nearing retirement age? You might be sitting on an untapped goldmine! Many Americans have no idea they can collect Social Security benefits based on their ex-spouse’s earnings record – even if they haven’t spoken to their ex in years.
I’ve helped a lot of clients get through this complicated process, and I’m always surprised by how many people don’t get these benefits because they don’t know about them or don’t know how to claim them.
The Basics: Can I Really Get Benefits From My Ex?
Yes, you absolutely can! According to recent data, more than 4 in 10 Americans approaching retirement age don’t know divorced people can collect Social Security based on an ex-spouse’s earnings. That’s a lot of people potentially missing out on higher monthly checks!
But before you get too excited, let’s check if you qualify. You need to meet these requirements:
- Your marriage lasted at least 10 consecutive years
- You’ve been divorced for at least 2 years
- You’re currently unmarried
- You’re at least 62 years old
- Your ex-spouse qualifies for Social Security retirement benefits (they must be at least 62 with 10+ years of work)
- Your own retirement benefit is less than what you’d receive from your ex’s record
If you’re nodding along to these criteria, congratulations! You might be eligible for a significant boost to your retirement income.
How Much Can You Actually Get?
The million-dollar question (okay, maybe not a million dollars, but still important!) The most you can get as a divorced spouse is 200% of your ex’s benefit when they reach full retirement age.
Here’s the important part – you’ll get the higher amount between:
- Your own retirement benefit based on your work history
- Up to 50% of your ex-spouse’s full retirement age benefit
Let me give you a real example. Joyce was married to Dominic for over 19 years. She spent most of those years raising children and caring for her elderly father, while Dominic worked as a high-earning professional. After they divorced, Joyce entered the workforce, but her limited work history meant her own Social Security benefit would be much lower than Dominic’s.
At full retirement age (67):
- Joyce’s own benefit: $1,029 per month
- Dominic’s benefit: $2,939 per month
- Joyce’s potential spousal benefit (50% of Dominic’s): $1,470 per month
Joyce could get an extra $441 a month if she claimed the divorced spousal benefit instead of her own. That’s $5,292 more a year, or $79,380 over 15 years of retirement! That’s enough for a nice vacation home or a couple of nice cruises, people!
When Should You Claim These Benefits?
You can start claiming benefits as early as age 62, but if you don’t wait until your full retirement age (which is between 66 and 67 years old depending on when you were born), your benefits will be cut off for good.
If you claim at 62:
- You’ll only get about 32.5% of your ex’s benefit instead of 50%
- Your own retirement benefit will also be reduced
Look at this table showing how much of your ex’s benefit you’d get depending on when you claim:
| Your Age | % of Ex’s FRA Benefit | Monthly Amount (if ex gets $2,000) |
|---|---|---|
| 62 | 32.50% | $650 |
| 63 | 35.00% | $700 |
| 64 | 37.50% | $750 |
| 65 | 41.66% | $833 |
| 66 | 45.83% | $917 |
| 67 (FRA) | 50.00% | $1,000 |
One important thing to remember – unlike your own retirement benefits, spousal benefits DON’T increase if you wait beyond your full retirement age. There’s no advantage to waiting until 70 for these!
How Do I Find Out My Ex’s Benefit Amount?
This is where things get tricky. Many people worry they’ll need to contact their ex-spouse directly (awkward!), but don’t worry – you don’t!
The Social Security Administration can provide estimates of what your divorced spousal benefit would be without you needing to talk to your ex at all. You’ll need:
- Your marriage certificate
- Your divorce decree (showing you were married 10+ years)
- Your ex’s Social Security number (if you have it)
- If you don’t have their SSN, you’ll need their full legal name, date of birth, and place of birth
Here’s how to get this information:
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Call the SSA directly: Contact your local Social Security office or call the national number (800-772-1213). Fair warning – wait times can be incredibly long these days!
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Schedule an appointment: Some local offices allow scheduled phone appointments instead of waiting on hold.
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Visit in person: Some people report better success getting divorced spouse benefit information in person rather than over the phone.
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Use a service like Claimyr: If you’re frustrated with long hold times, services exist that can connect you directly with SSA representatives (for a fee).
When you speak with SSA, specifically ask for a “benefit estimate comparison” showing what your own retirement benefit would be versus the divorced spouse benefit at different claiming ages.
Will My Ex Know I’m Collecting on Their Record?
This is one of the most common questions I get, and I’m happy to tell you – NO! Your ex-spouse will NOT be notified if you claim benefits on their record. It’s completely confidential information.
Also, claiming on your ex’s record has ZERO effect on their benefits. If they’ve remarried, their current spouse’s benefits won’t be affected either. Everyone wins!
Common Questions About Divorced Spouse Benefits
“What if my ex hasn’t filed for benefits yet?”
No problem! As long as your ex is eligible for benefits (age 62+ with sufficient work credits) and you’ve been divorced for at least 2 years, you can still claim on their record even if they haven’t filed for their own benefits yet.
“What if I’ve remarried?”
Unfortunately, if you’re currently married, you generally can’t collect divorced spouse benefits from a prior marriage. The only exception is if your later marriage ended (by death, divorce, or annulment).
“What if my ex has remarried?”
Their marital status doesn’t matter at all for your benefits. They could be married to someone else, single, or remarried multiple times – it doesn’t affect your eligibility for divorced spouse benefits.
“Can I switch between benefits?”
The SSA will automatically pay you the higher amount between your own benefit and the divorced spouse benefit. You don’t have to choose – they’ll give you whichever is more.
“What if I don’t know my ex’s information?”
The SSA can usually locate your ex’s record with just their full legal name, date of birth, and other basic information. Make sure you use their legal name (not nicknames) when providing information.
Real-Life Success Story
Sophia, a former teacher who was married to an engineer for 18 years and divorced for 12 years when she turned 62, discovered her divorced spouse benefit was about 40% more than her own benefit would have been!
“The SSA was actually very helpful once I got through to them,” she shared. “They calculated both my benefit and the divorced spouse benefit and told me exactly which would be higher.”
Don’t Leave Money on the Table!
I can’t stress this enough – if you were married for at least 10 years and meet the other criteria, checking into these benefits could mean thousands of extra dollars in your retirement pocket.
The biggest challenges most people face are:
- Not knowing these benefits exist
- Getting through to someone at SSA
- Understanding how the timing of claiming affects benefit amounts
But with a little persistence, you can get the answers you need to make an informed decision. And remember – your financial situation is unique, so what works for someone else might not be best for you.
Have you checked into your divorced spouse benefits? I’d love to hear about your experience in the comments below!
Disclaimer: This article provides general information about Social Security benefits for divorced spouses. Benefit calculations and eligibility requirements may change over time. Always consult with the Social Security Administration or a qualified financial advisor for advice specific to your situation.
Resources on the topic of divorce:
1. Your benefit could be reduced or denied if your ex-spouse claims Social Security in a certain way.
You can’t let your ex-spouse mess with your Social Security. They can do a lot of other things. Your ex has no influence over your benefits. When you are ready to claim your Social Security benefit, you simply make an appointment with your local SSA office and bring documents that prove the marriage and divorce. They will calculate your benefit options, and assuming you meet the criteria discussed earlier, youll receive the higher benefit based on your ex-spouses PIA.
2. I have to discuss my claiming plans with my ex.
No, you dont. Nor do you need your exs permission. They will never know whether your retirement benefit was based on their work record. So long as youve met the other rules, its your benefit for your retirement, even if youve been divorced for more years than you were married.
3. If my ex claims against my record, my own retirement benefit will be reduced.
Not so. Your exs claim does not reduce or affect your benefit in any way. Under the Social Security program, all amounts paid to beneficiaries are calculated benefits based on a specific starting point. Multiple peoples benefits can use the same starting point. Therefore, although your exs benefit may be based on your (PIA), your benefit is also based on that same PIA, and if youve remarried, your current spouse may also get a spousal benefit based on your PIA. Although all share the same starting point, these are three separate calculated benefits.
Basic rules must be met
So long as some basic rules are met, you may be eligible to claim a higher retirement benefit based on your exs work record. This applies to both ex-spouses, including divorced spouses in a same-sex marriage.
The basic rules
- Whether you and your ex-spouse were married for 10 years or more in a row is the only thing that counts.
- Before you can file as an ex-spouse, both of you must be at least 62 years old.
- If you want to get money from an ex, you can’t be married again.
- Either you and your ex-spouse have been divorced for at least two years or your ex-spouse is already making retirement claims.
If you qualify as an ex-spouse based on these criteria, your retirement benefit would be half of your exs primary insurance amount, or PIA, so long as you claim at your full retirement age (FRA). The PIA is the benefit a person would receive if they elect to begin receiving retirement benefits at their normal FRA. You can claim as early as 62, but you will get 65% of what you would get at FRA, assuming your FRA is age 67.
Is there a catch? Maybe. You’ll only get a retirement benefit based on your ex’s work history if it’s more than what you would get based on your own work history. You can call or meet with the Social Security Administration and they will let you know if and how to apply for the higher benefit amount.