The Secret Social Security Benefit Most Divorced People Miss

Learn about about Social Security divorced spouse benefits

Are you divorced and wondering if you can still get Social Security benefits from your ex? You probably can, and in most cases, they don’t even have to know about it. Social Security divorced spouse benefits don’t require your ex’s consent. This is one of the most misunderstood parts of Social Security. People are letting thousands of dollars go unclaimed because they don’t understand the rules.

Reports show more than 4 in 10 Americans nearing retirement age do not know they can collect Social Security benefits for divorced spouses based on their ex-spouse’s earnings (AARP). Don’t leave money on the table. Being divorced doesn’t automatically rule out Social Security spousal benefits. Here’s a breakdown of the most common questions about divorce spousal benefits. Learn who is eligible, how much you might receive, what happens if you remarry, and how you can apply.

Can You Get Benefits on Your Ex-Spouse’s Record?

Yes, you can claim Social Security divorced spouse benefits based on your ex-spouse’s work history if you meet a few requirements.

You are eligible for Social Security benefits for divorced spouses if:

You were married for at least 10 years
Your spose has filed already or you’ve been divorced for at least 2 years
Your ex-spouse is eligible for Social Security (they must be at least 62 years old)
You haven’t remarried
You’re at least 62 years old

In addition to these requirements, your benefit also has to be less than what you would get from your ex-spouse’s record. If you file and your benefit is higher, it’s called deemed filing. Deemed filing means that when you apply for Social Security, the Social Security Administration will look at both your own benefit and the spousal benefit you could get from your ex.

Ex-spouse benefits can be an important part of your retirement plan. If you qualify for your retirement benefit and a divorced-spouse benefit, it can pay to look at timing. In some cases, waiting until your full retirement age to file for divorced-spouse benefits lets you collect a larger monthly amount for life. While the SSA will always pay the higher amount, understanding when to file and which benefit to claim first can help you get the most over your lifetime.

Your Ex Doesn’t Need to Know You’re Claiming Their Benefit

This is surprising for most people, but no, your ex doesn’t need to know you’re claiming on their record. You don’t have to make that dreaded, awkward phone call to tell them you’re collecting payments thanks to their record. Social Security will not notify them, it won’t reduce their benefit, and it won’t touch their check at all. Social Security divorced spouse benefits are all separate from whatever your ex is doing.

How Much Can You Get?

The maximum Social Security divorced spouse benefit is up to 50% of your ex-spouse’s full retirement age benefit, also called their Primary Insurance Amount (PIA). Many people approaching retirement don’t realize this, and they leave thousands of dollars unclaimed. You might be eligible to receive up to 50% of their PIA even if they haven’t filed for benefits provided you meet the other requirements.

Maybe you were a stay-at-home parent or worked part-time for much of your career. If there’s a large income gap between you and your ex, this could make a big difference. You can receive a divorced-spouse benefit if it’s higher than your own retirement benefit. Since it can be as much as 50% of your ex-spouse’s PIA, it can give a significant boost to your monthly Social Security check.

Example: If your ex’s full retirement age benefit is $2,400 a month, you could receive $1,200 a month.

If you decide to go this route, there is a catch. If you file before your own full retirement age, the SSA will reduce your benefit, just as it would on your record. If you qualify for two types of benefits, the SSA doesn’t combine them but pays the higher amount. If you’re still working, you’ll also be subject to the earnings test. In 2025, the earnings limit is $23,400. If you make more than that before reaching your full retirement age, Social Security will withhold $1 in benefits for every $2 you earn over the limit. This applies the same way it would if you were collecting on your record.

If you file before your own full retirement age, the SSA will reduce your divorced-spouse benefit, just as it would if you were collecting on your record. Filing at your full retirement age lets you receive the full 50% of your ex-spouse’s PIA if you qualify, but unlike your own retirement benefit, a spousal benefit does not grow if you delay past full retirement age. If you qualify for both benefits, the SSA won’t combine them; instead, they’ll pay the higher amount. If you’re still working, you’ll also be subject to the earnings test. In 2025, the annual limit is $23,400, and the SSA will withhold $1 in benefits for every $2 you earn above that limit before you reach full retirement age.

What Happens If You Haven’t Been Divorced for Two Years?

You need to have been divorced for at least two years to claim Social Security divorced spouse benefits if your ex hasn’t started collecting yet. If you’ve been divorced for less than two years, you can only file if your ex is already receiving Social Security. If they are collecting, you can apply right away. If they’re not, you’ll need to wait until the two-year mark before you can file for their spousal benefit.

Here’s some good news. If your ex remarries, you’re still eligible to claim on their record as long as you meet the other requirements. Your ex can remarry five times over, and it still won’t affect your ability to claim benefits on their record. Your benefit is separate from theirs and won’t reduce what they or their new spouse receives.

Can I Claim My Ex’s Benefits if I Remarry?

Here’s some less good news. If you’re currently remarried, you generally can’t get spousal Social Security divorced spouse benefits from your ex. Social Security assumes you’ll be eligible through your current spouse instead. However, there are a few exceptions to consider.

Exception #1

You remarried after age 60 (or after 50 if you’re disabled) and your ex-spouse has passed away. In this case, you can still receive divorced survivor benefits.

Exception #2

If your current marriage ends, whether through divorce, annulment, or death, you can become eligible again to claim on your former spouse’s record. You will still have to meet all of the other rules for this to apply.

Example: You were married to your first spouse for 15 years before divorcing. Later, at age 55, you remarried someone else. Today, you’re 67 and still married, which means you can’t collect spousal benefits from your first ex. However, if your current marriage ends, whether by divorce, annulment, or death, and you don’t remarry, you could once again become eligible to file on your first spouse’s record.

How to Apply

Applying for divorced spousal benefits is probably a lot easier than you’d expect. You can contact the SSA through their website or by calling 1-800-772-1213. They also have an online application form. Another option is to visit your local Social Security office. Click here to find a field office near you. Before you go, you’ll want to prepare a few things. Use the checklist below to make sure you have everything you need for your visit.

You have to bring in your dates of marriage and divorce. This can be your marriage certificate and divorce decree.
Your ex-spouse’s Social Security number, or enough personal information for the SSA to look it up.
Don’t forget to bring your ID with you. A driver’s license, passport, or birth certificate is usually required.

As long as you come prepared, the person working at your local SSA office will walk you through the rest of the process. The process typically involves verifying your documents, confirming your eligibility, and having you complete the application form.

Recap | Understanding Social Security Benefits After Divorce

Many divorced Americans nearing retirement aren’t aware they can collect Social Security benefits based on their ex-spouse’s earnings. If you’re divorced, at least 62, and not remarried, you could qualify for Social Security divorced spouse benefits worth thousands each year.

Don’t assume you’re not eligible. If you meet the requirements, it’s worth looking into. The best part? Your ex doesn’t need to be involved, and their benefit won’t change. You’re simply collecting on what you earned through your marriage.

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Paces Ferry Wealth Advisors, LLC is a registered investment advisor with the U.S. Securities and Exchange Commission (“SEC”). This material is intended for informational purposes only. It should not be construed as legal or tax advice and is not intended to replace the advice of a qualified attorney or tax advisor.

Zachary Morris, CFP®

Having traveled to over 35 countries, Zach is a believer in Ralph Waldo Emerson’s statement that Life is about the journey, not the destination. Being a CERTIFIED FINANCIAL PLANNER™ provides Zach the opportunity to help clients define and realize their journey, and co-founding Paces Ferry Wealth Advisors, an independent firm, allows the freedom to define the client experience along the way.