Divorced spouses can claim Social Security benefits based on an ex-spouse's work record if the marriage lasted at least 10 years, the applicant is unmarried, and is aged 62 or older. Benefits can be up to 50% of the ex-spouse's full retirement age amount, without reducing the ex-spouse's or their current spouse's benefits.
Yes, a divorced wife can get her ex-husband's Social Security benefits if their marriage lasted at least 10 years, she is unmarried, is at least 62, and her ex-spouse is eligible for benefits, with payments not reducing the ex-spouse's or their current spouse's benefits. Benefits are paid on the ex-spouse's record, up to half their benefit, and the ex-spouse's remarriage doesn't affect eligibility.
The Social Security "10-year marriage rule" allows a divorced spouse to claim benefits on their ex-spouse's earnings record if their marriage lasted at least 10 years, they are currently unmarried (unless the ex-spouse has remarried), are at least 62, and the ex-spouse is eligible for retirement or disability benefits, without reducing the ex-spouse's benefit. This rule helps lower-earning or non-working spouses receive benefits if their own record is smaller, and it applies even if the ex-spouse has remarried, provided the ex-spouse is receiving benefits.
Claiming spousal benefits at 62 reduces the spousal benefit to only 32.5% of the higher-earning spouse's full benefit amount (instead of 50% at full-retirement age).
Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.
The "new" Social Security spousal rule is actually the end of a strategic loophole from 2016, making it impossible for most people to "file and suspend" or "restricted application" to get spousal benefits while delaying their own higher retirement benefit; instead, deemed filing means you apply for both at once and get the higher amount, but you can't earn delayed credits on your own benefit while collecting spousal benefits. A separate 2025 law (SSFA) also eliminated the Government Pension Offset (GPO) for many public servants, preventing their spouse's or survivor's benefits from being reduced by their non-covered government pension.
Additionally, if you were married for at least 10 years and haven't remarried, you may be eligible for benefits based on your ex-spouse's earnings. In this case, you can contact the Social Security Administration to request an estimate of these potential benefits.
you're eligible for some of your ex's Social Security
That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.
The Social Security spousal benefits loophole, primarily the "File and Suspend" and "Restricted Application" strategies, allowed a higher-earning spouse to delay their own benefits (earning delayed retirement credits) while the lower-earning spouse collected a spousal benefit based on the higher earner's record; however, a 2015 law closed these loopholes for most new applicants, meaning if one spouse claims spousal benefits, their own benefits are also considered claimed, and benefits can't be suspended to let spousal benefits accrue. A separate, less-known exception allows a spouse caring for a disabled adult child (under 22) to receive benefits even if they haven't reached retirement age, as noted by Special Needs Answers.
A Social Security representative can provide estimates of the benefit you may receive as a divorced spouse, based on your ex-spouse's earnings record. Before you inquire, make sure you have two key documents, marriage certificate and divorce decree, on hand.
But after being married 10 years, divorce is more difficult because it's more likely you and your spouse commingled many or all of your assets and liabilities. At the 10-year mark, you most likely have joint marital property like joint checking and savings accounts, or joint credit cards.
Not all U.S. workers qualify for Social Security retirement benefits. You can't collect Social Security in retirement if you haven't worked enough to accrue 40 credits, which takes approximately 10 years. Certain types of government workers may not be eligible, including some railroad employees.
Yes, a divorced wife can get her ex-husband's Social Security benefits if their marriage lasted at least 10 years, she is unmarried, is at least 62, and her ex-spouse is eligible for benefits, with payments not reducing the ex-spouse's or their current spouse's benefits. Benefits are paid on the ex-spouse's record, up to half their benefit, and the ex-spouse's remarriage doesn't affect eligibility.
The Social Security "5-year rule" generally means you need to have worked and paid Social Security taxes for 5 out of the last 10 years to qualify for disability benefits (SSDI), ensuring you have a recent work history, though there are exceptions for younger workers. It also refers to a rule allowing those who previously received SSDI to get benefits reinstated if they become disabled again within five years, potentially skipping the usual waiting period.
And it is possible for multiple ex-spouses of a marriage to the same person to qualify for benefits from those unions, if each marriage lasted at least 10 years. But each ex-spouse can only qualify for one benefit payment – either their own earned SS benefit, or their benefit as an ex-spouse.
To collect your spouse's Social Security, you generally must have been married for at least one continuous year, be at least age 62 (unless caring for a qualifying child), and your spouse must already be receiving retirement or disability benefits, with a key exception being if you are the parent of the worker's child, the age/length rule can be waived. For divorced spouses, the marriage must have lasted at least 10 years, and you must be unmarried when applying.
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.
Deemed filing essentially means that if you have your own working history and file for either spousal benefits or your own benefits, then you automatically apply for both. The Social Security Administration will pay a combination of the two benefits, with the total equaling whichever benefit is higher.
You can start collecting benefits on your ex-husband's Social Security record as early as age 62, provided your marriage lasted at least 10 years, you are unmarried, and he is eligible for benefits. To get the maximum benefit (up to 50% of his full retirement amount), you should wait until your own full retirement age (FRA); claiming early at 62 results in a permanently reduced amount, similar to claiming your own benefit early.