Social Security: Benefits After Divorce

It is possible to receive Social Security retirement benefits on your ex-spouse’s Social Security record after you have divorced under several sets of criteria:

1. Your ex-spouse is receiving Social Security benefits or your ex-spouse is deceased. AND
   • you were married to your ex-spouse for at least 10 years
   • you are currently NOT married
   • you are 62 years old or older (or you are 60 years old or older if your ex-spouse is deceased)
   • you are not entitled to an increase benefit on your own record that is more than one half of your ex-spouse’s unreduced benefit

2. Your ex-spouse is eligible to receive benefits, is at least 62 years old, but has not applied for Social Security, AND
   • you were married to your ex-spouse for at least 10 years
   • you are currently NOT married
   • you are 62 years old or older (or you are 60 years old or older if your ex-spouse is deceased)
   • you are not entitled to an increase benefit on your own record that is more than one half of your ex-spouse’s unreduced benefit
   • you have been divorced for at least 2 years

3. Your ex-spouse is deceased, but you were NOT married for at least 10 years AND
   • you are caring for your ex-spouse’s child who is your natural child or legally adopted child
   • the child is 16 years old or younger or is disabled
   • you are not entitled to an equal or higher amount on your own record

Remember that in all of the above cases, you may get a higher Social Security benefit on your ex-spouse’s record than on your own, particularly if your ex-spouse is deceased. When you apply, you will need your ex-spouse’s Social Security number or your ex-spouse’s date of birth, place of birth, and parents’ names.