Social Security Benefits for Married and Divorced Couples: What You Need to Know

When it comes to Social Security, married couples have access to some unique benefits. But what happens if you get divorced? Do those advantages disappear, or do they continue?

While you’re married, both spouses can claim Social Security benefits based on their own earnings record. However, a lower-earning spouse can also choose to claim up to 50% of the higher-earning spouse’s benefit—whichever is higher. There’s even the option for a lower-earning spouse to collect their own benefit while waiting for the spousal benefit to grow.

But what about if the marriage ends? Good news: your eligibility for spousal benefits doesn’t necessarily end when the marriage does.

Can You Collect Spousal Benefits After Divorce?

Yes, you can still be eligible to collect spousal benefits after a divorce, as long as you meet the following criteria:

• You haven’t remarried.
• You’re at least 62 years old.
• Your marriage lasted at least 10 years.

If your divorce has been finalized for at least two years, and your ex hasn’t yet begun collecting their benefits, you can still claim spousal benefits. (But if your ex is already collecting, you don’t need to wait the two years.) The most you can collect is 50% of what your ex would be entitled to at their Full Retirement Age.

Can You Be Stopped from Collecting Ex-Spousal Benefits?

Some people believe that an ex can block their former spouse from collecting benefits—but that’s simply not the case. For example, in one particularly messy divorce, the higher-earning spouse tried to include a clause in the settlement preventing the ex from collecting Social Security benefits. However, Social Security doesn’t work that way. A former spouse cannot control your eligibility for benefits.

When you qualify for both your own benefit and ex-spousal benefits, the Social Security Administration (SSA) will automatically pay out the higher of the two amounts.

Will My Ex-Spouse’s Benefits Affect My Own?

No, your ex-spouse’s benefits will not reduce your own Social Security benefits. They won’t affect the amount you receive at all, even if multiple ex-spouses are collecting on the same higher-earning record.

How Do You Find Out If Someone Is Collecting on Your Record?

You can contact the SSA and request “auxiliary beneficiary” information, which will tell you if anyone (such as an ex-spouse) is collecting Social Security benefits based on your earnings record.