Dan Reiter, CFP®, CPA

You may be eligible for Social Security benefits based on your ex-spouse's earnings, even if you're no longer married. This section provides essential information about qualifying for and maximizing your Social Security benefits as a divorced spouse.

Click here to Download our After Divorce Guide

General Rules for Qualification as a Divorced Spouse

To qualify for Social Security benefits as a divorced spouse, you must meet the following criteria:

1. Married at least 10 years: Your marriage must have lasted at least 10 years. This duration ensures that the relationship was significant and contributed to the ex-spouse's earnings record. However, it's important to note that the 10-year period does not need to be consecutive. For instance, if you were married for 8 years, divorced, then remarried the same ex-spouse for 3 years, you would still meet the 10-year requirement.
2. Unmarried: You must not be currently married. Generally, if you remarry, benefits paid to you on your former spouse’s record stop. However, an exception is if your ex-spouse has passed away and you wait to remarry until after age sixty—even if your ex-spouse passed away after your divorce.
3. Age: You must be at least 62 years old to receive reduced benefits or at least 67 years old to receive full benefits.

How Much Can You Receive?

The amount of your divorced spouse benefit is generally calculated as half of your ex-spouse's full retirement age benefit. However, if your own retirement benefit is higher, you will receive your own benefit instead when you file (effectively disqualifying you for divorced spousal benefits).

The amount of Social Security benefits you can receive as a divorced spouse depends on several factors, including your age, your earnings, and your ex-spouse's earnings.

• Age and Earnings Limitations: The earlier you claim benefits, the less you will receive. However, if you wait until your full retirement age (currently 67), you will receive your full eligible spousal benefit amount.

If you are still working and younger than age 67, your earnings from employment may also limit what you are eligible to receive. In 2024, the earnings limit was $22,320/year. For every $2 earned over that limit, $1 is deducted until the benefit is eliminated altogether. However, once you turn 67, there is no limit to how much you can work and still receive your full benefit.

Your benefit amount will also be affected by your ex-spouse's earnings history. As noted above, if your ex is still alive and all rules for qualification have been met, you will be eligible to receive one-half of his or her full benefit. If your ex-spouse earned more than you, you should review your statement and contact Social Security to determine whether your own benefit or spousal benefit is higher.

• Death of Your Ex-Spouse: If your ex-spouse dies, you may be eligible for survivor benefits, which are typically equal to an unreduced amount that your ex-spouse was eligible to receive for their full retirement benefit. As such, if you were married longer than ten years and your ex-spouse earned more but have passed—it likely makes sense to file for a deceased spouse benefit.

Note that if your ex-spouse has died and you were married longer than ten years, even if your ex-spouse earned less, it might make sense to file for spousal benefits anyway! This is because a little-known strategy is still available for widows and widowers where they may claim one-half of their late (divorced) spouse’s benefit while delaying their own benefit until age 70. Why? Because this allows the widow(er)’s own benefit to continue to grow! It generally makes sense to file as soon as possible for a widow’s benefit (as early as age 60) so long as you are not currently working and subject to earnings limitations.

Common Questions on Social Security and Divorce

Here are some common questions about Social Security benefits for divorced spouses:

• What if I remarry? If you remarry before reaching the age of 60 (or 55 if you are disabled), your spousal benefits based on your ex-spouse's earnings will stop.
• What if my ex-spouse remarries? Your ex-spouse remarrying will not impact your eligibility to claim benefits off his or her earnings record.
• Will my ex-spouse know? No, your ex-spouse will not be notified if you claim Social Security benefits based on their earnings.
• Will my taking a spousal benefit reduce my ex-spouse’s benefit? No, you taking a spousal benefit will not reduce your ex-spouse's benefit.

Conclusion

Understanding your Social Security benefits as a divorced spouse can help you make informed financial decisions. By knowing the eligibility requirements and factors that affect benefit amounts, you may maximize your retirement income. Navigating the myriad rules and regulations of Social Security can be challenging, so we highly recommend consulting a financial professional to review their most appropriate Social Security filing strategy based on your unique situation.

Ready to get Started?

Schedule a call with one of our Certified Divorce Financial Analysts™ (CDFA®) professionals today!

Investment advice, financial planning, and retirement plan services are provided by Prosperity Planning, Inc., an SEC registered investment advisor. The information contained herein, including but not limited to research, market valuations, calculations, estimates and other material obtained from these sources are believed to be reliable. However, Prosperity Planning, Inc. does not warrant its accuracy or completeness. The information contained herein has been prepared solely for informational purposes and is not an offer to buy or sell or a solicitation of an offer to buy or sell any security or to participate in any trading strategy. If an offer of securities is made, it will be under a definitive investment management agreement prepared on behalf of Prosperity which contains material information not contained herein and which supersedes this information in its entirety. Any investment involves significant risk, including a complete loss of capital and conflicts of interest. The applicable definitive investment management agreement and Form ADV Part 2A will contain a more thorough discussion of risk and conflict, which should be carefully reviewed before making any investment decision.

This is not intended to be legal or tax advice. The presenter can provide information, but not advice related to social security benefits. Clients should seek guidance from the Social Security Administration regarding their particular situation. Social Security benefit pay out rates can and will change at the sole discretion of the Social Security Administration. For more information, please visit your local Social Security Administration office or visit www.ssa.gov.