Confirmed | Divorced people 62 and older can collect Social Security based on their ex’s work record if the marriage lasted 10 years

People age 62 or older who are divorced can receive Social Security benefits based on their former spouse’s work record. To qualify, the marriage must have lasted at least 10 years, and other conditions set by the Social Security Administration (SSA) must also be met.

Section 311 of the SSA handbook says that, in addition to age and the length of the marriage, current marital status and eligibility for one’s own benefits are also reviewed, and an application must be filed.

What requirements divorced people must meet to apply for the benefit?

Applicants must be at least 62, not currently married, and have been legally married to the former worker for a minimum of 10 years before the divorce became final. The requirement refers to the length of the marriage, not just the time living together.

They also cannot be entitled to their own retirement or disability benefit if its base amount is equal to or greater than half of the base amount of the former spouse’s benefit. That comparison is part of the conditions for qualifying as a divorced spouse.

As a general rule, the former worker whose record is being used must be entitled to retirement or disability benefits. However, the SSA provides an alternative when the former spouse has not yet applied for benefits but is eligible to retire.

What requirements apply if the former spouse has not yet applied for retirement benefits?

Section 311 allows independent access if the former spouse is 62 or older and has earned the required credits, even if they have not yet applied for benefits.

In that case, the person applying must meet the previous conditions and have been divorced for at least two continuous years. That additional period applies to that specific situation; it is not listed as a general requirement in all cases.

How much can you collect based on a former spouse’s work record?

The benefit can be as much as 50% of the amount the former spouse would receive at full retirement age. However, someone who applies at 62 may receive a smaller percentage because they begin collecting before their own full retirement age.

If the applicant is also entitled to a retirement benefit of their own, they do not receive both full benefits. The SSA reviews both entitlements to determine the total amount due.