Reviewed against official SSA rules · Last reviewed: June 2026
If your marriage lasted 10 years or more and you’re now divorced, you may be able to claim Social Security benefits on your ex-spouse’s record — worth up to 50% of their benefit while they’re living, or up to 100% if they’ve died. It doesn’t reduce your ex’s benefit, they don’t need to be notified, and in many cases they don’t even have to have claimed yet. This 2026 guide explains exactly who qualifies and how much you can get.
Quick summary — divorced-spouse benefits
- Marriage must have lasted at least 10 years.
- You must be 62+ and currently unmarried.
- You can receive up to 50% of your ex’s full benefit (at your FRA).
- If divorced 2+ years, you can claim even if your ex hasn’t.
- It does not reduce your ex’s benefit — or affect their current spouse.
Quick Answer
If your marriage lasted at least 10 years, you can collect up to 50% of your ex-spouse’s full Social Security benefit, even if they have remarried. You must be at least 62 and currently unmarried. Claiming on your ex’s record does not reduce their benefit or affect their new spouse.
Key Takeaways
- The marriage must have lasted at least 10 years to qualify.
- You can receive up to 50% of your ex-spouse’s full benefit at your full retirement age.
- You must be at least 62 and currently unmarried to claim on an ex’s record.
- Your claim does not reduce your ex-spouse’s benefit or their current spouse’s benefit.
- If your ex has died, divorced-survivor benefits can be worth up to 100%.
Official sources: SSA — Social Security · Last reviewed: June 2026
Who qualifies for divorced-spouse benefits?
You may qualify for benefits on a former spouse’s record if all of these are true:
- Your marriage lasted 10 years or longer.
- You are age 62 or older.
- You are currently unmarried.
- Your ex-spouse is entitled to Social Security retirement or disability benefits.
- The benefit you’d receive on your own record is less than what you’d get on your ex’s.
One key advantage: if you’ve been divorced for at least two years, you can claim on your ex’s record even if they haven’t started their own benefits yet — as long as they’re old enough to qualify (62+).
How much can you get? (2026)
The maximum divorced-spouse benefit is 50% of your ex’s primary insurance amount (their full-retirement-age benefit) — but only if you wait until your own full retirement age to claim. Claim earlier and the amount is permanently reduced:
| Age you claim | Approx. share of ex’s full benefit |
|---|---|
| 62 | about 32.5% |
| 64 | about 37.5% |
| 66 | about 45.8% |
| Full retirement age (67) | 50% (maximum) |
Example: if your ex’s full benefit is $2,400, a divorced-spouse benefit at your FRA would be $1,200 a month, versus roughly $780 if you claimed at 62.
Unlike your own retirement benefit, a divorced-spouse benefit does not grow past your full retirement age — there’s no advantage to waiting beyond FRA to claim it.
It doesn’t affect your ex (or their new spouse)
This is the most common worry, and the answer is reassuring: claiming on an ex-spouse’s record has no effect on the benefit your ex receives, and no effect on what your ex’s current husband or wife receives. Your ex doesn’t have to approve it and generally won’t even be notified. If your ex had multiple 10-year marriages, each former spouse can claim independently.
If your ex-spouse has died: divorced survivor benefits
If your ex-spouse passes away, you may qualify for divorced survivor benefits — worth up to 100% of what your ex was receiving, much like a widow(er). The marriage still must have lasted 10 years. Importantly, for survivor benefits you can remarry after age 60 (50 if disabled) and keep them. See our survivor benefits guide for the full rules.
What happens if you remarry?
Generally, if you remarry, you can no longer collect benefits on your former spouse’s record while the new marriage is in effect. If that later marriage ends (by divorce, annulment, or death), you may again become eligible on the earlier ex’s record. The exception is divorced survivor benefits, which continue if you remarry at 60 or later.
How it compares to your own benefit
SSA doesn’t pay both your own retirement benefit and a full divorced-spouse benefit on top — you effectively receive the higher of the two. If your own work record produces a bigger benefit, you’ll get that instead. It often pays to compare both: claim strategically so you receive the larger amount over your lifetime. See Full Retirement Age 2026 for how timing changes each number.
Key takeaways
- 10-year marriage + age 62 + currently unmarried = likely eligible.
- Up to 50% of your ex’s benefit while living; up to 100% as a survivor.
- Divorced 2+ years? You can claim even if your ex hasn’t.
- It never reduces your ex’s or their new spouse’s benefit.
Common mistakes to avoid
- Assuming you can’t claim because you’re divorced — you often can.
- Divorcing just short of 10 years and losing eligibility.
- Remarrying without realizing it ends a living-ex spousal benefit.
- Claiming at 62 when waiting to FRA would lock in the full 50%.
Related resources
- Social Security spousal benefits 2026 — for currently-married couples.
- Social Security survivor benefits 2026 — including divorced survivors.
- Full Retirement Age 2026 + when to claim
- Social Security in 2026: the complete guide
Frequently asked questions
Can I collect Social Security on my ex-spouse’s record?
Yes, if your marriage lasted at least 10 years, you’re age 62 or older, you’re currently unmarried, and the benefit on your own record is less than the divorced-spouse benefit. Your ex must be entitled to Social Security.
How much is the divorced-spouse benefit?
Up to 50% of your ex-spouse’s full retirement benefit if you claim at your own full retirement age. Claiming earlier reduces it — roughly 32.5% at age 62.
Does my ex-spouse have to know or approve?
No. Claiming on an ex-spouse’s record doesn’t require their approval, and it has no effect on the benefit your ex or their current spouse receives.
Do I have to wait until my ex claims?
Not if you’ve been divorced for at least two years. In that case you can claim on your ex’s record even if they haven’t started their own benefits, as long as they’re at least 62.
What if my ex-spouse has died?
You may qualify for divorced survivor benefits worth up to 100% of what your ex received, similar to a widow(er), provided the marriage lasted 10 years.
What happens if I remarry?
If you remarry, you generally can’t collect on a former spouse’s record while the new marriage lasts. The exception is divorced survivor benefits, which continue if you remarry at age 60 or later.
Can both my own benefit and a divorced-spouse benefit be paid?
You effectively receive the higher of the two, not both stacked. If your own retirement benefit is larger, you’ll get that amount instead.
The Guru Gazette is an independent publisher and is not affiliated with the Social Security Administration. This is general information, not financial advice — confirm your situation with SSA. Last reviewed: June 2026.
Sources
- SSA — Benefits for a Divorced Spouse: https://www.ssa.gov/benefits/retirement/planner/applying7.html
- SSA — If You Are Divorced: https://www.ssa.gov/benefits/retirement/planner/applying6.html
- SSA — Survivors Benefits (divorced): https://www.ssa.gov/benefits/survivors/
- SSA — Retirement Benefits: https://www.ssa.gov/benefits/retirement/
People Also Ask
How long must the marriage have lasted to claim on an ex-spouse’s record?
Your marriage must have lasted at least 10 years for you to qualify for divorced-spouse benefits. You also generally must be at least 62, currently unmarried, and your ex must be entitled to benefits. If you were married multiple times, you may be able to claim on whichever ex-spouse’s record produces the higher benefit, as long as each marriage met the 10-year rule.
Can I claim divorced-spouse benefits if my ex has not started collecting?
Yes, with one condition. If you have been divorced for at least two years and both of you are at least 62, you can claim a divorced-spouse benefit even if your ex has not yet filed. This independent-entitlement rule means you do not have to wait for your ex to claim, unlike a currently married spouse who generally must wait for the worker to file.
What is the difference between divorced-spouse and divorced-survivor benefits?
A divorced-spouse benefit is paid while your ex is alive and is worth up to 50% of their full benefit. A divorced-survivor benefit applies after your ex dies and can be worth up to 100% of what they were receiving. Both generally require the marriage to have lasted 10 years, but survivor benefits have more flexible age and remarriage rules, as covered above.
Does claiming on my ex’s record reduce my own future benefit?
No. Receiving a divorced-spouse benefit does not reduce or use up your own retirement benefit. Social Security generally pays whichever amount is higher. In some cases you may be able to claim one benefit while letting the other grow, though current rules limit this for most people. Your own benefit continues to build delayed retirement credits if you have not claimed it.
Can I get divorced-spouse benefits if I never worked?
Yes. Divorced-spouse benefits are based on your ex-spouse’s earnings record, not your own, so you can qualify even with little or no work history. You must have been married at least 10 years, be at least 62, and be currently unmarried. This makes the benefit especially valuable for people who spent years out of the paid workforce during the marriage.
Related guides
- Social Security 2026 Guide
- SSDI Eligibility 2026: Do You Qualify for Disability Benefits?
- Taxes on Social Security Benefits 2026
- Average & Maximum Social Security Benefit 2026
- Medicare 2026 Guide
- Tax Credits 2026 Guide
Reviewed by the Guru Gazette Editorial Review Team · Last reviewed June 2026. Figures are verified against official government sources; see our Fact-Checking Policy.