Social Security spousal benefits for divorced individuals

Divorced individuals often assume they’re entitled to half of their ex-spouse’s Social Security benefit. The reality is more complex. Eligibility rules, filing age, and your own benefit history shape what you receive. This article clarifies who qualifies, how much you might get, and key factors like remarriage or filing on your own record first.

Who qualifies for divorced spousal benefits

To claim spousal benefits based on your ex-spouse’s Social Security record, you must meet specific criteria set by the Social Security Administration (SSA):

• Your marriage lasted at least 10 years before the divorce.
• You’re at least 62 years old and currently unmarried.
• Your ex-spouse is eligible for Social Security retirement or disability benefits (they don’t need to be receiving benefits, but must be at least 62).
• Your own Social Security benefit, based on your work history, is less than the spousal benefit you’d receive from your ex-spouse’s record.

If your own benefit exceeds half of your ex-spouse’s primary insurance amount (PIA, their benefit at full retirement age, typically 66–67), you’ll receive your own benefit instead. Claiming a divorced spousal benefit does not affect your ex-spouse’s benefit or their current spouse’s benefits (SSA, 2025).

How much you’ll get — and why filing age matters

Divorced spousal benefits can be up to 50% of your ex-spouse’s PIA, but only if you file at or after your full retirement age (FRA). Filing early reduces your benefit permanently:

• At age 62, the benefit could drop to as low as 32.5% of your ex-spouse’s PIA.
• Each month you delay past 62 increases your benefit until FRA, but no additional credits apply after FRA.

For example, if your ex-spouse’s PIA is $2,400, the maximum spousal benefit at FRA is $1,200. Filing at 62 might reduce it to $780. Timing your claim is critical to maximizing your income (SSA, 2025).

Remarriage and other eligibility factors

Remarriage significantly impacts your eligibility for divorced spousal benefits. If you remarry, you lose access to benefits based on your ex-spouse’s record, unless the new marriage ends (e.g.,through divorce or death). However, your ex-spouse’s remarriage does not affect your eligibility. Additional considerations include:

• If you’re receiving Social Security disability benefits, switching to a spousal benefit may not increase your payment, as disability benefits are often higher.
• If you remarry before age 60 and that marriage ends, you may regain eligibility for divorced spousal benefits (SSA, 2025).

Filing on your own record first: Why it matters

If you’re eligible for both your own Social Security benefit and a divorced spousal benefit, the SSA pays your own benefit first. If the spousal benefit is higher, you receive an additional amount to reach the spousal benefit level. However, filing early on your own record reduces your benefit permanently, which can lower the spousal benefit top-up. For example:

• If your own reduced benefit is $700 and the spousal benefit is $1,000, you’d receive $700 plus $300.
• Delaying your own claim until FRA or later may increase both your own benefit and the spousal top-up, boosting your total income.

Strategic timing can make a difference in your retirement planning.

Key takeaways

Divorced spousal Social Security benefits depend on meeting strict eligibility criteria, including a 10-year marriage and remaining unmarried. Filing age and your own benefit history directly impact your payment amount. Remarriage or early filing can reduce or eliminate benefits, so careful planning is essential. As a financial advisor and CDFA® Certified Divorce Financial Analyst, I can help you navigate these rules to help optimize your retirement income.

Sources:

Social Security Administration (2025). Benefits Planner: Retirement. ssa.gov.

Social Security Administration (2025). Publication No. 05-10035: Retirement Benefits. ssa.gov.