Key takeaways

• Some divorced spouses may qualify for Social Security benefits based on a former spouse’s work history.
• Divorced spousal benefits can be worth up to 50% of a former spouse’s full retirement age benefit and do not reduce the ex-spouse’s benefit.
• Survivor benefits for divorced spouses can be higher — up to 100% — if eligibility requirements are met.
• These benefits may be especially valuable for people with limited work histories or time spent out of the workforce.

Divorce can have a significant impact on finances — from where to live and how to save and spend money to vision and goals for retirement. While it may come as a surprise, one thing that may not change is the ability to claim Social Security benefits based on a former spouse’s work history.

For many divorced Americans, Social Security benefits can be a meaningful source of income — and a financial lifeline some don’t know they have.

Read more: Is Social Security income taxable?

Can an ex really collect Social Security benefits?

The short answer: Yes. Social Security rules allow a qualifying former spouse to claim benefits post-divorce based on the work history of a higher-earning ex. Benefits could be worth up to half of the former spouse’s full retirement age (FRA) benefit — and potentially more if the former spouse passes away.¹

Divorced spousal benefits can be important for partners who have never worked or for those who have left the workforce for a period of time, which can lead to smaller Social Security checks later on. Claiming based on a higher-earning ex’s record can help close that gap.

Eligibility

To qualify for Social Security benefits on a former spouse’s record, these eligibility requirements generally must be met:²

• Your marriage lasted at least 10 years

• You have not remarried

• You are aged 62 or older

• Your ex-spouse is entitled to Social Security retirement or disability benefits

• The benefit you’re entitled to on your own is less than the amount you could receive as a divorced spouse

Social Security treats a divorced spouse’s claim as a family benefit, which is separate from the ex-spouse’s own benefit — so claiming on an ex’s record does not reduce what the ex or their current spouse (if they’ve remarried) can receive.^3,4 Keep in mind, your ex does not need to be collecting yet for you to claim on their record, but you must be divorced for at least two years to do so if they haven’t applied for their own benefits yet.

If you’re already collecting Social Security based on your own earnings but are eligible for a benefit tied to a former spouse’s record, you’ll receive a single monthly benefit equal to the higher of the two amounts.⁵ Social Security won’t stack the two payments.

Read more: To collect or not to collect: Does waiting for a bigger Social Security benefit pay off?

Social Security Survivor benefits after divorce

Divorced spouses may also be eligible to collect Social Security survivor benefits if a former spouse has died, and survivor benefits can be higher — up to the full 100% if the surviving ex-partner has reached their FRA.^6,7 Survivor benefits can be claimed as early as age 60, though claiming before FRA may reduce the amount.

A surviving divorced spouse may qualify for Social Security survivor benefits if:

• They do not remarry before age 60 (age 50 if disabled)⁸
• Their own Social Security benefit is less than what they would receive based on the deceased ex-spouse’s earnings record⁹
• Their marriage lasted at least 10 years — unless they are caring for the deceased worker’s child who is under age 16 or has a disability and qualifies for benefits

Final thoughts

Divorce doesn’t automatically close the door on Social Security benefits. Taking the time to understand divorced spousal and survivor rules could pay off in a bigger monthly check down the road.

Read more: More Americans are taking Social Security early — is it the right move?