Divorced? Your Ex May Still Be Tied To Your Social Security

Many older Americans today rely on Social Security for a stress-free retirement. But even if you didn’t manage to earn enough money during your career to qualify for Social Security on your own, you may be entitled to spousal benefits. You may also be eligible for spousal benefits if those payments are larger than the monthly benefits your own wage history allows for.

Spousal benefits aren’t just for people who are still married, though. If you’re divorced, you may be entitled to spousal benefits from Social Security based on your ex’s record. If this comes as news to you, you’re not alone, since 41% of Americans nearing retirement age were not aware that they could collect Social Security benefits on an ex-spouse’s earnings history, according to a 2024 MassMutual Social Security knowledge survey.

Here’s what divorced retirees need to know about Social Security spousal benefits, and how you can maximize those monthly checks.

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Who’s eligible for Social Security spousal benefits?

Social Security spousal benefits are available to people who are married as well as those who are divorced. If you’re in the latter category, there are certain requirements you need to meet.

First, you need to have been married for at least 10 years to qualify for spousal benefits on your ex’s record. You also can’t be remarried, and your divorce needs to be at least two years old.

You also have to wait until at least age 62 to sign up for spousal benefits. That’s also the earliest age to file for Social Security based on your own earnings record.

You should also know that as long as you’re 62 years old, you can claim Social Security spousal benefits on an ex’s record even if your former spouse isn’t yet receiving those benefits. This is different for people who are married. If you’re claiming spousal benefits as a married person, you can’t file until your spouse does.

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Your former spouse doesn’t get a say

If your divorce was not amicable, you may be worried that your former spouse might try to “block” your Social Security spousal benefit claim. Luckily, they’re not allowed to do that.

In fact, the Social Security Administration (SSA) will not even notify your former spouse that you’ve claimed benefits. Also, filing for spousal benefits on an ex’s record will not impact their monthly checks. It also won’t prevent their current spouse, if they’re remarried, from filing for spousal benefits.

You may want to wait to claim spousal benefits

You’re allowed to sign up for spousal benefits as early as age 62. But just as claiming Social Security early results in reduced monthly checks when you’re filing based on your own wage history, so too will claiming spousal benefits early reduce them in the process.

Your spousal benefits max out at 50% of what your spouse is eligible for at their full retirement age. If that number is $2,500, and you wait until your full retirement age to file, you should be entitled to $1,250 in spousal benefits. But if you file prior to your own full retirement age, your spousal benefits will be reduced.

That said, you don’t want to delay your spousal benefit claim past your full retirement age. When you’re claiming Social Security on your own earnings record, you can accrue delayed retirement credits for waiting beyond that point, up until age 70. But that incentive does not apply to spousal benefits.

You should also know that if you’re receiving spousal benefits and your spouse passes away, the SSA will convert those payments to survivor benefits once that happens. This holds true whether you’re married or divorced. Survivor benefits are worth up to 100% of a deceased spouse or ex-spouse’s benefit.

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What if you remarry?

If you remarry, that generally means you lose access to spousal benefits on your ex-spouse’s record. And you’re obligated to report a new marriage to the SSA to avoid being overpaid. 

However, if that second marriage ends in divorce, you may become eligible for spousal benefits again.

Bottom line

Social Security spousal benefits may play a big role in your retirement plans and income. If you’re not sure whether you’re eligible for spousal benefits, you can call the SSA at 1-800-772-1213 or create an account on SSA.gov to check your records. You can also make an in-person appointment to talk to an SSA agent, but you may experience a long wait to get one. 

And remember, Social Security will only pay you one benefit per month. If you worked for a good number of years and the benefit you’re eligible for based on your own wage history is larger than what you’d get in spousal benefits, you won’t get the latter. Understanding the rules could help you better budget for retirement and know what payments to anticipate.

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