Can I Receive Social Security Benefits Based on an Ex-Spouse's Record?
Divorce can significantly impact your retirement planning, but many people are surprised to learn that it doesn't necessarily eliminate your ability to receive Social Security benefits based on your former spouse's work record.
If you meet certain eligibility requirements, you may be able to receive up to 50% of your ex-spouse's Primary Insurance Amount (PIA) without reducing the benefits they or their current spouse receive.
In this article, I'll explain who qualifies for divorced spouse benefits, how these benefits are calculated, how remarriage affects eligibility, and what you need to know before incorporating this income into your retirement plan.
Am I Eligible for Divorced Spouse Benefits?
In general, you may qualify for divorced spouse benefits if you meet all of the following requirements:
You are at least age 62.
You were married to your former spouse for at least 10 years.
Your former spouse qualifies for Social Security retirement benefits or Social Security Disability Insurance (SSDI).
Your own retirement benefit is less than the divorced spouse benefit you would receive.
You are currently unmarried.
If you satisfy these requirements, you may be eligible to receive benefits based on your former spouse's earnings record.
How Much Can I Receive?
Divorced spouse benefits are calculated the same way as traditional spousal benefits.
If you begin collecting at age 62, you'll generally receive 32.5% of your former spouse's Primary Insurance Amount (PIA).
Your benefit gradually increases for every month you delay claiming until reaching your Full Retirement Age (FRA).
For individuals born in 1960 or later, Full Retirement Age is 67, at which point the maximum divorced spouse benefit equals 50% of your former spouse's PIA.
It's important to remember that these percentages are based on your former spouse's full retirement benefit, not the amount they actually receive.
Does My Ex-Spouse Need to Be Collecting Social Security?
Not necessarily.
Unlike current spouses, divorced spouses may qualify for benefits even if their former spouse has not yet claimed Social Security, provided the former spouse is eligible to receive benefits.
However, if your former spouse has not yet filed, you generally must have been divorced for at least two years before becoming eligible to claim benefits on their record.
What Happens If I Remarry?
In most situations, remarriage will make you ineligible to receive divorced spouse benefits based on the earnings record of a living former spouse.
However, if your subsequent marriage later ends because of:
Divorce
Death
Annulment
you may once again qualify for benefits based on your previous spouse's record, assuming all other eligibility requirements are met.
If your former spouse is deceased, different survivor benefit rules apply. In many situations, you may still qualify for survivor benefits even if you remarried later in life.
What If My Ex-Spouse Remarries?
Your former spouse's remarriage does not affect your eligibility.
An individual can have:
A current spouse receiving spousal benefits, and
A divorced spouse receiving divorced spouse benefits
at the same time.
Your benefits do not reduce what your former spouse or their current spouse receives.
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Can My Ex Stop Me From Receiving Benefits?
No.
Regardless of how amicable—or contentious—the divorce may have been, your former spouse cannot prevent you from collecting divorced spouse benefits if you qualify under Social Security rules.
Will My Ex Find Out If I Apply?
The Social Security Administration does not notify your former spouse if you apply for or receive benefits based on their earnings record.
Your former spouse may contact the Social Security Administration to ask whether anyone is receiving benefits on their work record. However, the SSA will not disclose your personal information, including your address or current location.
Are Divorced Spouse Benefits Subject to the Earnings Test?
Yes.
Just like regular Social Security retirement benefits, divorced spouse benefits are subject to the Social Security earnings test if you claim benefits before reaching Full Retirement Age and continue working.
For 2026:
If you are below Full Retirement Age:
$1 of benefits will be withheld for every $2 of earned income above $24,480.
During the year you reach Full Retirement Age:
$1 of benefits will be withheld for every $3 of earned income above $65,160 until the month you reach Full Retirement Age.
Once you reach Full Retirement Age, the earnings test no longer applies.
How Can I Estimate My Divorced Spouse Benefit?
The first step is determining your former spouse's Primary Insurance Amount (PIA), which represents the monthly benefit they would receive at Full Retirement Age.
Once you know their PIA, you can estimate your potential benefit based on your claiming age.
Remember, claiming earlier than Full Retirement Age permanently reduces your divorced spouse benefit.
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How Do I Apply?
You can apply for divorced spouse benefits in one of three ways:
Apply online through the Social Security Administration.
Call the SSA at 800-772-1213.
Schedule an appointment with your local Social Security office.
When applying, you'll generally need:
Birth certificate (or other proof of birth)
Marriage certificate
Divorce decree
Proof of U.S. citizenship or lawful residency
Recent W-2s or self-employment tax returns
You'll also be asked questions about your employment history, your marriage, and your former spouse. If you do not know your former spouse's Social Security number, the SSA may request other identifying information to locate their record.
Final Thoughts
Divorced spouse benefits are one of the most overlooked Social Security claiming opportunities available to retirees. Depending on your circumstances, they can provide a meaningful source of retirement income without reducing your former spouse's benefits or affecting their current spouse.
Because Social Security claiming decisions are permanent and often involve significant lifetime income, it's important to evaluate your options carefully before filing. Coordinating your claiming strategy with your overall retirement income plan can help maximize lifetime benefits while minimizing unnecessary taxes and financial surprises.
If you're approaching retirement and wondering whether you're eligible for divorced spouse benefits—or whether delaying your own benefit makes more financial sense—consider working with a Certified Financial Planner™ professional who can help evaluate your options and determine the strategy that's right for you.
As always have a wonderful day,
a better weekend,
and I look forward to writing to you next Friday!
Written by Ryan Morrissey CFP®, CLU®, CHFC®, CMFC
Founder & Principal Advisor of Morrissey Wealth Management
Host of the Retire with Ryan Podcast