Divorced spousal benefits timing — If your marriage lasted at least 10 years and you’re now divorced, you may qualify for a Social Security spousal benefit based on your ex-spouse’s work record. The size of that benefit—and whether you can use strategies like filing at Full Retirement Age (FRA) or delaying your own benefit—depends on birth year, work status, and remarriage rules. This guide explains who qualifies, when to file, and how to time divorced spousal benefits for the best household outcome.

Divorced spousal benefits timing: who qualifies?

• 10-year marriage: Your marriage to the worker lasted at least 10 years.
• Divorced status: You’re divorced and currently unmarried. (Remarriage generally ends eligibility; different rules apply to survivor benefits.)
• Age & entitlement: You’re age 62+ and your ex-spouse is at least 62. If you’ve been divorced 2+ years, you’re “independently entitled”—you can claim even if your ex hasn’t filed.
• Amount: At your FRA, divorced spousal benefits can be up to 50% of your ex’s PIA (not their current check). Filing before FRA reduces this amount.
• No impact to your ex: Your claim doesn’t reduce your ex-spouse’s benefit and doesn’t count against their current family maximum.

Key timing choices for divorced spousal benefits

• Claiming at 62: Delivers earlier income but permanently reduces your spousal amount (reduction can be substantial—plan carefully).
• Claiming at FRA: Yields the maximum spousal amount (50% of PIA if eligible).
• Delayed Retirement Credits: These do not increase a spousal benefit; they apply only to your own retirement benefit if you delay your own filing.

Deemed filing vs. restricted application

• Deemed filing (most people): If you were born on or after Jan 2, 1954, filing for one benefit is treated as filing for both your own and spousal; you can’t choose “spousal only.” See deemed filing rules.
• Restricted application (older cohort): If you were born on or before Jan 1, 1954, you may be able to file a restricted application for spousal benefits only at FRA and switch to your own higher benefit later. Details: restricted application eligibility.

Working before FRA: earnings test and timing

If you claim before FRA while working, the earnings test can temporarily reduce monthly checks when wages exceed the annual limit. Withheld benefits aren’t lost—SSA adjusts at FRA. After FRA, there’s no earnings test.

Remarriage and divorced spousal timing

• Remarriage: Generally ends divorced spousal eligibility. (Survivor rules differ and can allow remarriage after age 60.)
• Divorced 2+ years: Lets you file as an independently entitled divorced spouse at 62+, even if your ex hasn’t filed.

Examples: timing divorced spousal benefits

• Age-62 filer: Alex (62) considers filing now. The spousal amount would be permanently reduced compared with filing at FRA. If Alex expects to keep working above the earnings limit, delaying may improve lifetime value.
• FRA “spousal only” (older cohort): Jordan (born 1953) files a restricted application at FRA for spousal only, then switches to Jordan’s higher worker benefit at 70 for a larger lifelong payment.
• Independently entitled: Casey divorced 3+ years ago. Even though the ex hasn’t filed, Casey can claim at 62+ (subject to reductions) or wait until FRA for the full spousal amount.

Divorced spousal benefits timing vs. survivor benefits

• Spousal (living ex): Up to 50% of PIA at your FRA; reduced if earlier.
• Survivor (deceased ex): Can be up to 100% of the decedent’s benefit; different remarriage rules and timing strategies apply. See survivor resources and ask us for a survivor analysis.

How to file (documents & steps)

1. Gather your SSN, birth certificate, marriage certificate, divorce decree (showing 10+ years), and your ex-spouse’s SSN/date of birth (if available).
2. Decide on timing (62, FRA, or later for your own benefit) and coordinate with earnings, taxes, and Medicare. See How Medicare & Social Security Work Together.
3. Apply with SSA online or by appointment. We’ll prepare your strategy and checklist so nothing is missed.

FAQs: divorced spousal benefits timing