Social Security Benefits for Divorced Spouses: What You Need to Know

Who Is Eligible for Divorced Spouse Social Security Benefits?

To collect on your ex-spouse's record, you need to meet all of the following:

• Your marriage lasted at least 10 years before the divorce was finalized
• You are currently unmarried
• You are age 62 or older
• Your own Social Security retirement benefit is less than what you would receive based on your ex-spouse's record
• Your ex-spouse is eligible for Social Security retirement or disability benefits

There is one important exception to that last point. If you have been divorced for at least two years, you can collect on your ex-spouse's record even if they have not filed for their own benefits yet, as long as they are eligible to do so.

That two-year rule matters. I have seen clients wait unnecessarily because they assumed their ex had to be collecting first. Not true.

How Much Can You Collect?

Up to 50% of your ex-spouse's full retirement age benefit. That is the ceiling.

If your own retirement benefit is already higher than 50% of your ex's benefit, you will receive your own. The Social Security Administration calculates this automatically. You do not have to figure it out yourself.

Here is something most people do not know: spousal benefits do not earn delayed retirement credits. Your ex-spouse waiting until 70 to claim does not increase your divorced spouse benefit. The maximum is always 50% of their full retirement age amount. So do not wait past your own full retirement age hoping the number will go up. It will not.

And your claim does not reduce your ex-spouse's benefit. It does not affect any benefit their current spouse receives either. Multiple people can collect on the same work record at the same time.

Full Retirement Age Matters More Than You Think

If you claim before your full retirement age, your benefit is permanently reduced. For most people today, full retirement age is 67.

You can claim as early as 62. But the earlier you claim, the smaller the monthly benefit for the rest of your life. This is a decision worth modeling carefully before you file. I mean that. Do not just pick 62 because you can.

There is also an earnings test if you claim early and are still working. Social Security will temporarily reduce your benefit if your earnings exceed a certain annual threshold. Once you reach full retirement age that test goes away and your benefit is recalculated upward. But the permanent reduction from claiming early stays.

Read more: Divorce After 50: Challenges and Survival Tips

What Happens to Your Benefit If Your Ex-Spouse Dies

This is where things can shift significantly in your favor.

If your ex-spouse passes away, you may be eligible for survivor benefits equal to up to 100% of what they were receiving or entitled to receive. That is a big jump from the 50% divorced spouse benefit.

To qualify as a surviving divorced spouse:

• Your marriage lasted at least 10 years
• You are age 60 or older (age 50 if you are disabled)
• You are currently unmarried, or you remarried after age 60

That remarriage rule is different from the regular divorced spouse rule and it catches people off guard. If you remarry before 60 while collecting divorced spouse benefits, those benefits stop. But if you remarry at 60 or later, your survivor benefit eligibility from your prior marriage stays intact.

Survivor benefits can be claimed as early as age 60. Claiming before full retirement age still means a permanent reduction, so the timing question applies here too.

The 2025 Rule Change That Changed Everything for Public Employees

If you or your ex-spouse worked in the public sector as a teacher, a government employee, a firefighter, or a police officer, read this section carefully.

For decades, two provisions called the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) reduced or completely wiped out Social Security benefits for people who received a public pension from work not covered by Social Security. The GPO hit divorced spouses especially hard. It reduced spousal and survivor benefits, sometimes to zero.

That is no longer the law.

The Social Security Fairness Act was signed on January 5, 2025, repealing both the WEP and the GPO and restoring full Social Security benefits to millions of retired public service workers and their spouses and survivors. As of mid-2025, the SSA had already paid over $17 billion in retroactive payments to more than 3.1 million affected beneficiaries. Government Executive  Social Security Administration 

If you were previously told you could not collect on your ex-spouse's record because of your public pension, that answer may no longer be correct. If you were receiving a reduced divorced spouse benefit because of the GPO, your benefit should have increased already — or you may be owed retroactive payments.

This is not a small change. For some people it is hundreds of dollars more per month plus a lump sum going back to January 2024. If this applies to you and you have not looked into it, please do.

In Ohio specifically, this affects anyone connected to STRS, OPERS, or other public pension systems. If that is your situation, I want you talking to a financial professional who understands both the Social Security rules and Ohio's pension landscape.

Read more: Ohio Teacher Divorce: 4 STRS Pension Tips You Need to Know

How to Apply

You apply directly through the Social Security Administration. Online at SSA.gov, by phone at 1-800-772-1213, or in person at your local SSA office.

You will need:

• Your Social Security number
• Your ex-spouse's Social Security number (if you have it)
• Your marriage certificate
• Your divorce decree
• Proof of age

Your ex-spouse does not need to know you are applying. The SSA handles it independently. They are not contacted and their benefit is not touched.

How Social Security Fits Into Your Divorce Financial Plan

Here is what I want you to take away from this.

Social Security cannot be divided in your divorce. But it absolutely has to be part of your financial picture when you are negotiating a settlement. The decisions you make today about assets, support, and retirement accounts will shape your financial life for decades. Social Security is one piece of that picture, and ignoring it is a mistake I see people make all the time.

If you are going through a divorce right now and you are years away from retirement, you need to understand what you will be entitled to and how it fits with everything else. A settlement that looks fair today can look very different at age 67.

This is one of the most valuable things a Certified Divorce Financial Analyst can do for you. Model your future. Run the numbers. Help you understand what claiming at 62 versus 67 actually means for your retirement security. That is not something to guess at.

Read more: What Everyone Ought to Know About Divorce and Retirement Accounts

Read more: Why Financial Fear After Divorce Is Normal and How a CDFA Can Help

Frequently Asked Questions: Social Security and Divorce

Can I collect Social Security on my ex-husband's or ex-wife's record? Yes, if you were married for at least 10 years, are currently unmarried, and are age 62 or older. Your benefit can be up to 50% of your ex-spouse's full retirement age benefit, as long as that is higher than your own benefit.

Does my ex-spouse need to know I am claiming on their record? No. You apply directly through the SSA. Your ex-spouse is not notified and their benefit is not affected.

What if my ex-spouse has remarried? That does not matter. You can still collect on their record as long as you meet the eligibility requirements. Their current spouse can collect on the same record at the same time without either benefit being reduced.

What if I remarry after my divorce? Remarriage ends your eligibility for divorced spouse benefits. You would then potentially be eligible for benefits on your new spouse's record instead. If you remarry after age 60, your survivor benefit eligibility from your prior marriage stays intact.

Can I collect on my ex-spouse's record if they have not filed yet? Yes, if you have been divorced for at least two years and your ex-spouse is eligible to collect. You do not have to wait for them to file first.

Does the 2025 Social Security Fairness Act affect divorced spouses? Yes. The repeal of the Government Pension Offset means divorced spouses who previously had their benefits reduced because of a public pension may now be entitled to higher or restored benefits. If you or your ex-spouse worked in a public sector job, this change is worth looking into immediately.

How is Social Security handled in a divorce settlement? It cannot be divided as an asset. But your future entitlements need to be factored into the overall financial picture when you are negotiating. A CDFA can help you model this so you know what you are actually agreeing to.

When should I start collecting divorced spouse Social Security benefits? It depends on your health, your income needs, your other retirement assets, and the size of your ex-spouse's benefit. Claiming before 67 permanently reduces your monthly amount. Please do not make this decision without running the numbers first.

Your financial future matters. If you have questions about Social Security, your divorce settlement, or how to build a plan for what comes next, reach out to my team. We will walk through your situation together and make sure you are not leaving anything on the table.

Leah Hadley is a Certified Divorce Financial Analyst (CDFA®), Accredited Financial Counselor (AFC®), and Master Analyst in Financial Forensics (MAFF™) with over 20 years of experience in financial services. She is the bestselling author of Intentional Money: The Modern Woman's Guide to Building Wealth, Purpose & Peace and the founder of Intentional Divorce Solutions.