Social Security Spousal Benefits after Divorce
Social Security spousal benefits after divorce can provide up to 50% of an ex-spouse’s Primary Insurance Amount (PIA) if you meet specific rules (marriage length, age, and current marital status). The right filing strategy can increase lifetime income, avoid penalties, and coordinate survivor benefits. At Diversified Insurance Brokers, we build clear, step-by-step plans so divorced filers know exactly what to claim, when, and why.
Get Your Divorced Spousal Strategy
We’ll verify eligibility, estimate your benefit, and map optimal timing—including restricted application and survivor coordination.
Who Qualifies for Divorced Spousal Benefits?
Generally, you may claim on an ex-spouse’s record if: (1) your marriage lasted 10 years or more, (2) you’re age 62+, (3) you’re currently unmarried (remarriage after 60 may still allow survivor benefits, but not spousal), and (4) your own retirement benefit is lower than the divorced spousal amount. You don’t need your ex to have filed, as long as you’ve been divorced for 2+ years and they’re eligible to file. Review key timing rules in our guides on Delayed Retirement Credits and Deemed Filing Rules.
How Much Can You Receive?
At Full Retirement Age (FRA), the divorced spousal benefit equals up to 50% of the ex’s PIA. Filing before FRA reduces it; filing after FRA does not increase a spousal benefit (no delayed credits on spousal). If you have your own work record, deemed filing may apply, where SSA pays your own benefit plus a spousal top-off to reach your maximum entitled amount. Learn how annual updates can change payments in Social Security Annual Recomputation and How COLA Is Calculated.
Timing Strategies After Divorce
- Coordinating your FRA: Consider waiting to FRA for the full spousal amount, then switching to your own at 70 if it’s higher due to delayed credits.
- Restricted application (born ≤ 1/1/1954): Some can claim spousal only at FRA and switch later. Check your restricted application eligibility.
- Working while claiming: If you claim before FRA and keep working, the earnings test can temporarily reduce payments.
- Tax coordination: Pair timing with Social Security tax strategies and other income sources.
Remarriage, Survivor Benefits, and Government Offsets
Remarriage generally ends eligibility for a divorced spousal benefit (unless that later marriage ends), but survivor rules are different: remarriage after age 60 typically does not disqualify you from divorced survivor benefits. If you or your ex worked in non-covered employment, review the Windfall Elimination Provision and Government Pension Offset to understand how teacher/fire or certain public pensions may reduce benefits.
Step-by-Step: How to Claim as a Divorced Spouse
- Verify 10-year marriage & divorce date: Gather proof of marriage/divorce and your ex’s details (name, DOB, SSN if available).
- Confirm best start month: Align with FRA, earnings, and tax planning. See When to Start Social Security.
- File correctly: Make sure the application reflects divorced spousal eligibility and any restricted-application rights if applicable.
- Re-optimize later: After FRA or at 70, check whether switching to your own record increases benefits.
Case Example
Maria (62) divorced after a 15-year marriage. Her FRA is 67. Her ex’s PIA is $3,200; half is $1,600. If she files at 62, a reduction applies; waiting to FRA preserves the full $1,600 (assuming continued eligibility). At 70, her own benefit, boosted by delayed credits, may exceed $1,600—so she could switch for a higher lifetime payment. We test both paths and taxes to recommend the better outcome.
Schedule a Free Social Security Strategy Session
We’ll confirm eligibility, estimate payments on both records, and time your filing.
Prefer a quick start? Request your free plan or call 800-533-5969.
Related Pages
FAQs: Social Security Spousal Benefits after Divorce
Do I qualify for divorced spousal benefits?
Usually yes if your marriage lasted 10+ years, you’re 62+, you’re currently unmarried, and your own benefit is lower than the divorced spousal amount. If divorced 2+ years and your ex is eligible (even if not filed), you can often claim.
How much will I receive?
At FRA you can receive up to 50% of your ex’s PIA. Filing before FRA reduces the amount; filing after FRA won’t increase a spousal benefit (no delayed credits on spousal).
What if I remarry?
Remarriage generally ends eligibility for a divorced spousal benefit. For survivor benefits, remarriage after age 60 typically doesn’t disqualify you.
Can I file a restricted application?
If you were born on or before January 1, 1954, you may still have access to a restricted application at FRA (spousal only, switch later). See our eligibility guide.
What documents do I need to apply?
Proof of age/identity, marriage certificate, divorce decree, and your ex’s identifying details (name, DOB—SSN if available). We’ll help you prepare a clean submission.
