Divorced After 10 Years? You Could Claim Up to Half Your Ex's Social Security Without Them Knowing

Divorced spouses who were in a marriage for at least 10 years are entitled to 50% of an ex-partner's Social Security income at full retirement age. However, millions of women are not claiming the monthly benefits, assuming that they would need their ex-partners to sign an agreement or to avoid any potential friction if they find out.

According to MassMutual's 2024 annual survey on Social Security, more than 4 in 10 Americans nearing retirement age do not know that divorced people can collect Social Security benefits based on their ex-spouse's earnings.

Rest assured, the Social Security Administration (SSA) won't notify your ex if you claim the Social Security divorced spouse benefit. The SSA will decide your benefit based on your ex's earnings record. It won't even lead to a deduction of your ex's benefit or affect the current spouse's benefits either. Lastly, the rule says that claiming the benefit does not involve any notice, filing, or consent from your ex.

Furthermore, multiple ex-spouses can each claim on the same record at the same time, given that each marriage independently cleared the minimum 10-year duration.

What's The Catch?

If you think you are eligible for the spousal benefit, you would need both your marriage certificate and divorce decree before applying on the official website. You may also dial the SSA at 1-800-772-1213 between 8:00 a.m. and 7:00 p.m., Monday through Friday, or make an appointment at your local Social Security office.

You don't require your ex's Social Security number either, given that you have his date and place of birth.

Under Section 202(b) and 202(c) of the Social Security Act, implemented through SSA's Program Operations Manual System, spouses can claim income from their ex-partners' Social Security without affecting their benefits only if the applicant is currently unmarried.

If you remarry, the benefit usually ends. However, you can reclaim it if that later marriage ends due to death, divorce, or annulment.

Note that the 10 years of marriage are counted from the wedding date to the date when the divorce was finalised, and not when you separated.

You must also be of a certain age to claim this benefit. Divorced spouses need to be at least 62 years old, which is the earliest age you can claim Social Security, and your ex must also be entitled to Social Security benefits.

Your retirement benefit also needs to be smaller than what you would receive from your ex's record, as the SSA will pay you the higher of the two, but not combine them. Lastly, the SSA says that you must be divorced from the insured person for at least two years.

Claiming Early Lowers Divorce Spousal Benefits

When applicants claim the benefit at their full retirement age, the amount is 50% of the ex's primary monthly benefit at his own full retirement age.

Like regular Social Security claims, applying for divorce spousal benefit as early as 62 could lower your benefit amount. However, delaying past the full retirement age does not boost the spousal benefit because delayed retirement credits apply to your earnings records and not on spousal benefit income.

According to estimates from Hatfortfunds, if you file for spousal benefits at 62, you'll only receive 32.5% of your ex-spouse's full retirement-age benefit instead of 50%.