An ex-wife can receive up to 50% of her ex-spouse's Social Security benefit, provided their marriage lasted at least 10 years, she is unmarried, and she is at least 62 (or 60 if disabled), with benefits reduced if claimed before her own Full Retirement Age (FRA). This benefit doesn't lower the ex-spouse's payment and is paid if it's more than she'd get on her own record.
A divorced spouse can receive up to 50% of their ex-spouse's full Social Security retirement benefit, provided the marriage lasted at least 10 years, they are unmarried, and they are at least 62, with the full 50% only available if they claim at their own Full Retirement Age (FRA); claiming earlier (as early as 62) results in a permanently reduced benefit, starting at around 32.5%. The benefit doesn't affect the ex-spouse's own payment and is paid on top of any benefit the divorced spouse earns on their own record, up to a combined total.
Social Security benefits for a divorced spouse are calculated based on the ex-spouse's earnings record or their own earnings record, depending on which one is higher. You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA).
Social Security rules allow a qualifying former spouse to claim benefits based on the work history of a higher-earning ex. These benefits are worth up to 50% of that former spouse's Social Security benefit at full retirement age. However, if that former spouse dies, the benefit's value is worth up to 100%.
The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
If you're in California, you might be wondering how these benefits fit into your settlement. The straightforward answer is that Social Security isn't divided like other assets, but it still affects the overall financial picture of your divorce negotiations.
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
Moving out during a divorce is often considered a big mistake because it can harm your child custody case, create financial hardship, risk losing access to important documents, and weaken your position in dividing marital assets, as courts often favor stability and the spouse who remains in the home, especially with children. Leaving prematurely can be seen as abandonment or less commitment, forcing you to pay two households while still supporting the marital home and potentially ceding ground in settlement negotiations.
Depending on their circumstances, divorced Social Security beneficiaries can receive either retired-worker benefits, which are based on the individual's own covered earnings history; auxiliary benefits, which are determined by a living or deceased former spouse's covered earnings history; or a combination of both.
How can a divorced person find out their ex-spouse's benefit at full retirement age? 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.
Divorcing before retirement offers more financial options. While divorcing spouses may experience a reduction in household income, which can range from 23% to 41%, if you're still employed, you have the opportunity to compensate for this loss before retiring.
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.
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.
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.
In your divorce agreement you may have given up the right to his retirement account from his work, but you can never give up the right to draw Social Security. Remember, drawing a Spousal benefit won't reduce the amount your ex spouse can get! It doesn't hurt your ex or his current spouse at all.
If you remarry after age 60 you can still receive survivor benefits based on your former spouse's record. But if your new spouse is also collecting Social Security benefits, and you would receive a higher amount based on the new spouse's work record, you will receive the higher amount.
In California, a wife is entitled to various assets during a divorce, including community property, spousal support, and potential child support if applicable.
You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.
If you are divorced and your marriage lasted at least 10 years, you may be able to get benefits on your former spouse's record and your former spouse may be able to get benefits on your record.
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.