Your Social Security benefits can change based on your marital history, even after divorce

If you are divorced, you may be able to receive Social Security benefits based on your ex-spouse's work record, even if they have remarried. The rules depend on how long you were married, your age, and whether your ex-spouse has already started collecting benefits. You do not need your ex-spouse's permission to use their record, and claiming on their record does not reduce the benefits they receive.

Understanding how divorce affects your own benefits and what you might receive based on an ex-spouse's record helps you make decisions about when to start collecting. The Social Security Administration (SSA) has specific rules about who qualifies and how much you can receive.

Key Takeaways

  • You may receive benefits based on an ex-spouse's record if you were married at least 10 years, are at least 62 years old, and are not currently married.
  • An ex-spouse benefit is typically 32.5% to 50% of what your ex-spouse receives at their full retirement age, depending on your age when you start.
  • Your own benefit amount does not change if you claim based on an ex-spouse's record instead of your own work history.
  • If you were married more than once, you may be able to use the record of any ex-spouse you were married to for at least 10 years.
  • Claiming at 62 gives you a smaller monthly payment than waiting until 70, whether you claim on your own record or an ex-spouse's record.

The 10-year marriage rule and other basic requirements

To receive benefits based on an ex-spouse's record, you must have been married for at least 10 years. The SSA counts the years from the date you married to the date your divorce became final. If you were married for 9 years and 11 months, you do not meet the requirement.

You must also be at least 62 years old to claim any Social Security benefit. You cannot be currently married — if you remarry, you lose the right to use an ex-spouse's record unless that new marriage ends. If you were married multiple times and each marriage lasted 10 years or longer, you can choose which ex-spouse's record to use, or you can use your own record if it is higher.

Your ex-spouse does not have to be receiving benefits yet for you to claim on their record, as long as you are at least 62 and the divorce has been final for at least two years. If your ex-spouse is already collecting, you can claim when ready after your divorce is final.

How much you receive as an ex-spouse

An ex-spouse benefit is calculated as a percentage of your ex-spouse's primary insurance amount — the amount they would receive at their full retirement age. The percentage depends on your age when you start collecting.

If you claim at 62 (the earliest age), you receive roughly 32.5% of your ex-spouse's primary insurance amount. If you wait until your full retirement age, you receive 50% of their primary insurance amount. If you wait past your full retirement age, the amount does not increase further — it stays at 50%.

Your own benefit amount is separate. If your own work record would give you a higher benefit than the ex-spouse benefit, you receive your own amount instead. The SSA automatically pays you whichever is higher, but the rules about when you can claim each one are different.

How your own benefit and an ex-spouse benefit interact

You have two separate benefits: one based on your own work record and one based on your ex-spouse's record. The SSA will not let you claim both at the same time, but the rules about which one you can claim first depend on your age and when you were born.

If you were born on January 2, 1954, or later, you can claim one benefit at a time, starting with whichever you choose. Many people claim the ex-spouse benefit first (at 62 or later) while letting their own benefit grow. At 70, you can switch to your own benefit, which will be higher because you waited. If you were born before January 2, 1954, different rules may explore — ask the SSA about your specific situation.

If your own benefit at 70 is higher than the ex-spouse benefit at your full retirement age, you will eventually receive your own benefit instead. The SSA handles this automatically; you do not have to reapply.

What happens if your ex-spouse dies

If your ex-spouse dies, you may be able to receive survivor benefits based on their record. The rules are similar: you must have been married at least 10 years, and you must not be currently married (unless you remarried after age 60). You can receive survivor benefits as early as age 60, or at any age if you are caring for a child under 16.

Survivor benefits are typically higher than ex-spouse retirement benefits. At your full retirement age, you can receive 100% of what your ex-spouse was receiving (or would have received). If you claim at 60, you receive about 71.5% of that amount.

If you remarry after your ex-spouse's death, you do not lose survivor benefits — the rule about remarriage applies only to ex-spouse retirement benefits, not survivor benefits.

How remarriage affects your benefits

If you remarry, you lose the right to claim benefits based on a previous ex-spouse's record. This applies whether you remarry at 50 or at 80. However, if you remarry after age 60, you may be able to claim survivor benefits on a previous ex-spouse's record if they have died.

If your new marriage ends in divorce and that marriage lasted at least 10 years, you can then claim on your most recent ex-spouse's record instead. You can use only one ex-spouse's record at a time, so you would choose whichever gives you the highest benefit.

If you are thinking about remarrying and want to understand how it affects your Social Security options, contact the SSA before the wedding. They can explain your specific situation and help you understand what you would gain or lose.

When to claim: age 62 versus waiting longer

Claiming at 62 gives you a smaller monthly payment than waiting until your full retirement age or 70. This is true whether you claim on your own record or an ex-spouse's record. The longer you wait, the larger your monthly check becomes.

If you claim an ex-spouse benefit at 62, you receive about 32.5% of their primary insurance amount. If you wait until 70, you still receive 50% — it does not increase past your full retirement age. This means there is less advantage to waiting past full retirement age for an ex-spouse benefit compared to your own benefit.

However, if your own benefit is higher than the ex-spouse benefit, you might claim the ex-spouse benefit early and let your own benefit grow until 70. The SSA can show you estimates for different claiming ages so you can see which strategy makes sense for your situation.

How to report your divorce to Social Security

You do not have to do anything when ready after your divorce is final. When you are ready to claim benefits, you will tell the SSA about your marriage and divorce. You will need a copy of your divorce decree and your ex-spouse's Social Security number (if you know it).

You can contact the SSA by phone at 1-800-772-1213, by visiting your local Social Security office, or online at ssa.gov. When you explore, tell them you want to discuss benefits based on an ex-spouse's record. They will ask about the length of your marriage, the date your divorce was final, and whether you have remarried.

If you are not sure whether you meet the requirements, the SSA can review your situation at no cost. There is no penalty for asking questions before you explore.

Frequently Asked Questions

Can my ex-spouse see that I am using their record?

No. The SSA does not notify your ex-spouse that you are claiming benefits based on their record. Your ex-spouse's benefits do not change, and they have no way to know unless you tell them. Using their record is a legal right, not something that requires their permission or knowledge.

What if I was married less than 10 years?

You cannot claim benefits based on that ex-spouse's record. You can only claim based on your own work history. If you have not worked enough to may have access to for your own benefit, you may not be able to receive Social Security retirement benefits at all.

Can I claim on more than one ex-spouse's record?

No, you can claim on only one ex-spouse's record at a time. If you were married multiple times for 10 years or longer, the SSA will pay you based on whichever record gives you the highest benefit. You do not choose — they calculate all options and pay the highest amount.

Does claiming on an ex-spouse's record affect my Medicare?

No. Your Medicare may be able to access is based on age and work history, not on which Social Security record you claim. You become may be able to access for Medicare at 65 regardless of whether you claim Social Security or which record you use.

What if my ex-spouse has not claimed benefits yet?

You can still claim on their record if you are at least 62 and your divorce has been final for at least two years. The SSA does not require your ex-spouse to have started collecting first. However, if your ex-spouse is under 62, you must wait until they are 62 before you can claim on their record.