Last fact-check: July 27, 2026 · Primary source: Social Security Administration · General information, not claiming advice
Quick answer
A divorced spouse may qualify on an ex-spouse’s Social Security record after a marriage lasting at least ten years, if the claimant is at least 62 and unmarried and meets the other SSA rules. If the worker has not filed, independent entitlement may be possible after two continuous years of divorce when the worker is fully insured and at least 62.
Key takeaways
- The ten-year marriage rule is only one part of eligibility.
- The maximum at the claimant’s full retirement age is up to half of the worker’s full-retirement-age amount.
- SSA pays the higher eligible retirement or divorced-spouse amount; it does not add both full benefits.
Divorced-spouse rules
| Question | Current rule |
|---|---|
| Marriage duration | At least ten years |
| Claimant age | At least 62 |
| Marital status | Not married |
| Worker already filed | Ordinary family-benefit path may apply |
| Worker not filed | May qualify after two continuous divorced years when the worker is fully insured and 62 |
| Maximum at claimant FRA | Up to half of the worker’s FRA amount |
| Own retirement benefit | SSA pays the higher eligible amount; the two are not added |
When the ex-spouse has not filed
SSA’s POMS describes an independently entitled divorced spouse. The worker must be fully insured and at least 62, and the divorce must have been final for at least two continuous years. The worker need not have filed. Deemed-filing and other entitlement rules still apply.
How much can be paid?
The family-benefit maximum for a divorced spouse is up to half of the worker’s full-retirement-age amount when the claimant reaches their own applicable full retirement age. Filing at 62 can reduce it. If the claimant also qualifies on their own record, SSA pays the higher eligible amount rather than adding both full payments.
Do not estimate from the ex-spouse’s current check: the comparison uses the worker’s full-retirement-age amount and the claimant’s own record and filing age.
How to apply
SSA Form SSA-2 says a person may apply online when within three months of age 62 or older, or by phone or at a Social Security office. SSA may request a final divorce decree and marriage certificate. Do not delay the application solely because every document is not yet available; SSA says it can help obtain them.
Related guides
Official sources
- SSA — Family eligibility
- SSA — Family benefit amount
- SSA POMS — Divorced spouse
- SSA — Spouse/divorced-spouse application information
Editorial status: This guide has been checked against the cited official sources. Independent subject-matter review has not been completed. The marriage, age, filing and amount boundaries were checked against the linked SSA sources on July 27, 2026. SSA makes the record-specific determination. The Guru Gazette is independent and is not affiliated with SSA.