Divorce doesn’t mean you lose access to Social Security benefits earned during your marriage. In fact, you might be entitled to collect on your ex-spouse’s work record even if they’ve remarried or have no idea you’re claiming benefits. Understanding these rules can mean thousands of dollars in additional retirement income, so let’s break down exactly how divorced spousal benefits work and how to claim them.

The 10-Year Rule: Your Gateway to Ex-Spouse Benefits

The foundation of divorced spousal benefits rests on one critical requirement: your marriage must have lasted at least 10 years. This isn’t negotiable. If you divorced after nine years and 364 days, you don’t qualify. But if you hit that 10-year mark, you’ve unlocked access to benefits based on your ex-spouse’s earnings record.

Here’s what else you need to qualify: You must be at least 62 years old, currently unmarried, and your ex-spouse must be entitled to Social Security retirement or disability benefits. There’s good news buried in that last requirement: your ex doesn’t actually need to be collecting benefits yet, they just need to be eligible. If your ex-spouse is eligible but hasn’t filed, you can still claim divorced spousal benefits as long as you’ve been divorced for at least two years.

How Much Can You Collect?

Your divorced spousal benefit equals up to 50% of your ex-spouse’s full retirement age (FRA) benefit amount. Notice we said “up to,” that’s because the age when you claim matters significantly.

If you wait until your own full retirement age to claim (currently 67 for most people approaching retirement), you’ll receive the full 50%. Claim earlier at age 62, and your benefit gets reduced to approximately 32.5% of your ex’s FRA amount. The reduction is permanent, so timing your claim strategically makes a substantial difference in your monthly income.

Here’s a practical example: If your ex-spouse’s full retirement age benefit is $2,800 monthly, you could receive up to $1,400 per month at your FRA. Claim at 62, and you’d receive around $910 monthly instead. Over a 20-year retirement, that early claiming decision costs you nearly $118,000.

Comparing Your Own Benefit vs. Spousal Benefits

Social Security doesn’t simply hand you both your own retirement benefit and your divorced spousal benefit. Instead, the system compares the two and pays you the higher amount.

Let’s say your own retirement benefit at FRA would be $1,200 monthly, but your divorced spousal benefit would be $1,400. Social Security would pay you $1,400—the higher of the two. You’re essentially receiving your own benefit plus a “spousal boost” that brings you up to the divorced spousal benefit amount.

If your own benefit exceeds what you’d receive as a divorced spouse, you’ll simply collect your own benefit. This is why divorced spousal benefits particularly help people who spent significant time out of the workforce or earned substantially less than their ex-spouse during their working years.

The Remarriage Factor

Remarriage changes everything with divorced spousal benefits. If you remarry, you generally cannot collect benefits on your ex-spouse’s record. The exception? If your subsequent marriage ends through death, divorce, or annulment, you can once again claim on your ex’s record.

However, if you remarry, you may become eligible for spousal benefits based on your new spouse’s work record instead. Social Security will calculate which option gives you the highest benefit amount.

Your Ex-Spouse Never Needs to Know

One of the most important aspects of divorced spousal benefits: your ex-spouse doesn’t need to approve your claim, won’t be notified when you file, and their own benefit amount won’t decrease because you’re collecting. Your claim is completely independent of their Social Security situation.

This privacy protection means you don’t need to contact your ex-spouse, explain your financial situation, or worry about impacting their retirement. You can have multiple ex-spouses (if you’ve been married multiple times for at least 10 years each), and all of them can claim on the same work record without affecting each other’s benefits.

Divorced Survivor Benefits: The Often-Overlooked Option

If your ex-spouse dies, you may qualify for divorced survivor benefits, which are often more generous than standard divorced spousal benefits. You can receive up to 100% of what your ex-spouse was receiving (or entitled to receive) at the time of death.

The eligibility requirements differ slightly: You must be at least 60 years old (50 if disabled), your marriage must have lasted at least 10 years, and you must be currently unmarried—though remarrying after age 60 (or 50 if disabled) won’t disqualify you from survivor benefits.

Divorced survivor benefits can start as early as age 60, which is earlier than standard retirement benefits. Many people find this option provides substantial financial support during the vulnerable years between early retirement and full retirement age.

Current Spouse Benefits: A Quick Comparison

If you’re currently married, spousal benefits work similarly but with some key differences. Current spouses can claim spousal benefits even if married less than 10 years, as long as they’ve been married at least one year. Current spouses can also claim benefits even if their spouse hasn’t yet filed for retirement, as long as they’ve been married at least one year and their spouse is at least 62.

The benefit calculation remains the same—up to 50% of the spouse’s FRA benefit—but current spouses cannot claim survivor benefits if they remarry before age 60 (unless that subsequent marriage ends).

How to Apply for Divorced Spousal Benefits

Applying for divorced spousal benefits requires gathering specific documentation. You’ll need your ex-spouse’s Social Security number or their date and place of birth. You’ll also need your marriage certificate and divorce decree proving the marriage lasted at least 10 years.

You can apply online at ssa.gov, by phone at 1-800-772-1213, or by scheduling an appointment at your local Social Security office. The application process typically takes about 15 minutes if you have all necessary documents ready.

Apply three months before you want benefits to begin. Social Security can pay retroactive benefits for up to six months, but planning ahead ensures you don’t miss any payments.

Common Mistakes to Avoid

Don’t assume you’re not eligible without checking. Many divorced individuals never realize they qualify for benefits on an ex-spouse’s record, leaving substantial money on the table.

Don’t claim too early without understanding the permanent reduction. While you can claim divorced spousal benefits starting at 62, waiting until your full retirement age significantly increases your monthly payment.

Don’t forget to check if you qualify for benefits on multiple ex-spouses’ records if you’ve been married more than once. Social Security will calculate which ex-spouse’s record provides the highest benefit and pay you that amount.

Take Action on Your Benefits

Understanding divorced spousal benefits means understanding your options and making informed decisions about your retirement income. Gather necessary documents and contact Social Security to discuss your specific situation. The benefits you’ve earned through your marriage don’t disappear with your divorce: make sure you’re collecting every dollar you’re entitled to receive.