Divorce is rarely a straightforward experience. There's bound to be a flurry of emotions. In addition, there are practical issues to work through, like how marital belongings will be divided and where children or pets will reside. Social Security benefits may not be one of your top concerns as you divorce, but it's good to understand how they work – even when you're an ex-spouse.
The Requirements
According to the Social Security Administration (SSA), you may be entitled to Social Security benefits based on an ex-spouse's work history if you meet the following criteria:
- You're at least 62
- If you're under full retirement age (FRA) but care for a child younger than age 16 or a child with a disability who is entitled to benefits based on your ex-spouse's record
- You are currently unmarried
- If you've remarried since your divorce, you can only collect benefits on your former spouse if the subsequent marriage ended by annulment, divorce, or death.
- You're divorced from someone entitled to Social Security retirement or Social Security Disability benefits
- You were married to your ex for a minimum of 10 years
- If your ex isn't claiming Social Security benefits yet, you must be divorced for at least two years before applying.
Curious details worth knowing
As with all financial decisions, the goal is to benefit your bottom line. It helps to be aware of the details. For example:
- If you're entitled to benefits based on your work record, the benefit amount you would receive based on your ex- spouse's record must be higher.
- If your ex died after you divorced, you're still eligible to collect widow's benefits.
- If you were born before Jan. 2, 1954, you can take advantage of a "restricted application," a strategy that allows you to collect Social Security benefits based on your ex-spouse's work record while allowing your retirement benefit to accumulate delayed retirement credits. For example, you may decide to collect on your ex's benefits at age 62 and let your benefits continue to grow until age 70, then switch to those.
- Your ex-spouse will not be informed that you're receiving ex-spouse benefits.
- Any benefits you receive will not impact your ex's benefits, or if they're remarried, that of their new spouse.
How much you can receive
Effective planning requires knowing how much money you can expect to bring in each month. Based on an ex-spouse's work record, here's how much you can expect to receive.
- The maximum Social Security spousal benefit you're eligible to collect is 50% of the amount your ex-spouse would collect at (FRA). The current FRA for anyone turning 62 in 2025 is 67 years old.
- There is no increase to your spousal benefit, even if your ex works beyond FRA.
- If your ex retires at 62, your payment will be 32.5% of their benefit at FRA.
- You can't collect Social Security benefits based on your work record and your ex-spouse's work record. Let's say you'll be eligible for a monthly Social Security benefit of $800, but your ex-spouse will be eligible for a $2,000 monthly benefit once they reach FRA. At FRA, you'll receive your $800 benefit plus an additional $200 payment to bring you to your $1,000 spousal benefit. (Remember, the most you can receive as an ex-spouse is 50% of your former spouse's full FRA benefit.)
It's natural to have questions about Social Security and everything, from when you should begin collecting to how much you'll receive, may feel like a puzzle. However, there's nothing puzzling about whether you should collect benefits based on an ex's work record. If doing so nets you more money each month, you owe it to yourself to take advantage of the situation.
