What are divorced spouse benefits?
Asked by: Miss Alexandria Bailey | Last update: February 20, 2026Score: 4.6/5 (29 votes)
Divorced spouse benefits primarily refer to Social Security payments you might receive based on an ex-spouse's earnings record if your marriage lasted at least 10 years, you're unmarried, and you're 62 or older (or caring for their child). You can get up to 50% of their full retirement amount (FRA) at your FRA, or a reduced amount (as low as 32.5%) if you claim earlier, but you'll only receive the benefit if it's higher than your own. Military divorces can also grant former spouses access to medical and other base privileges.
When can an ex-wife collect Social Security?
If you're divorced, you can receive benefits based on your deceased ex-spouse's work if: At age 60, or age 50 if you have a disability, if your marriage lasted at least 10 years, and you aren't entitled to a higher benefit on your own record.
What benefits are available to a divorced spouse?
If you are divorced, you may qualify for Social Security benefits based on the earnings record of your ex-spouse, even if they have remarried or passed away. There are two types of benefits potentially available to you: spousal benefits and survivor benefits.
How does a spousal benefit work?
The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
Is a divorced spouse entitled to disability benefits?
For a divorced spouse who is disabled, navigating the complex system of benefits can be overwhelming. However, there is good news. If you were married for at least 10 years to your former spouse, you may be eligible for monthly benefits based on their earnings record, even if they have remarried.
How Divorced Social Security Spousal Benefits Work
What money can't be touched in a divorce?
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
Is my wife entitled to my Social Security if I get divorced?
you're eligible for some of your ex's Social Security
wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.
How long must you be married to receive spousal benefits?
What are the marriage requirements to receive Social Security spouse's benefits? Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.
How much do you get for spousal benefits?
At age 65, you would receive 45.8% of your spouse's benefit. At age 64, you would receive 41.7% of your spouse's benefit. At age 63, you would receive 37.5% of your spouse's benefit. At age 62, you would receive 35% of your spouse's benefit.
Can you collect both spousal benefits and your own Social Security?
Yes, both you and your spouse can collect Social Security, either on your own earnings records or by claiming a spousal benefit (up to 50% of the higher earner's amount) if it's more than your own, but you'll only receive the single highest benefit you're eligible for, not both combined. You can claim your own benefit, your spouse's benefit, or a combination that equals the higher amount, but you must apply for both if eligible, and the deemed filing rule means you're treated as applying for both when you file for one, ensuring you get the maximum possible benefit for your situation.
What is my wife entitled to if we divorce?
When it comes to divorce, there is no rule that dictates you are automatically entitled to a specific part of the marital assets, such as a strict 50/50 split. Instead, the entitlement to assets and financial settlements is largely influenced by the context of your marriage and its consequential needs.
What is the biggest mistake in divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
When can I receive benefits as a divorced spouse?
You must be at least 62 years old. You and your ex-spouse must have been married for a minimum of 10 consecutive years and divorced for at least two. (Note: You can file for divorced spousal benefits within the two-year period if your ex-spouse has already begun receiving their benefit.)
Can I stop my ex-wife from getting my Social Security?
No, you generally cannot stop your ex-wife from receiving Social Security benefits on your record if you were married for at least 10 years and she meets the criteria, as divorce decree clauses preventing this are usually unenforceable by the Social Security Administration (SSA). Her benefits, if she qualifies, do not reduce your own payments, nor do they affect any benefits for your current spouse.
Can my ex-wife take my Social Security if I remarry?
Yes, your ex-wife can still get Social Security benefits on your record after you remarry, as long as your marriage to her lasted at least 10 years, she's unmarried (or remarried after age 60), is at least 62 (or 60 if you're deceased), and her own benefit is less than yours; your remarriage doesn't end her entitlement, only her remarriage generally does (with exceptions for remarrying after 60 or the same person).
What percent of my ex-husband's Social Security will I get?
You can receive up to 50% of your ex-husband's full Social Security retirement benefit, but this amount decreases if you claim it before your own full retirement age (FRA), potentially as low as 32.5% if claimed at age 62. To get the full 50%, you must wait until your FRA, and your marriage must have lasted at least 10 years. Your benefit is based on his full benefit amount, not reduced by any delayed credits he earns, and it doesn't affect his payment.
What is the new law for Social Security spousal benefits?
The biggest recent change is the Social Security Fairness Act (SSFA) of 2023, effective January 2024, which eliminated the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), meaning your spouse's or survivor's benefits won't be reduced by your non-Social Security government pension anymore, making it much fairer. Also, the "file and suspend" strategy for spousal benefits ended for most, but the core rules remain: you get the higher of your own or your spousal benefit (up to 50% of your partner's), and you can generally switch from spousal to your own higher retirement benefit at full retirement age.
How are divorced spousal benefits calculated?
Social Security benefits for a divorced spouse are calculated based on the ex-spouse's earnings record or their own earnings record, depending on which one is higher. You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA).
How does my wife apply for spousal benefits?
Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.
Can a divorced woman collect her ex-husband's Social Security?
Yes, a divorced wife can get her ex-husband's Social Security benefits if their marriage lasted at least 10 years, she is currently unmarried, is at least 62, and the benefit on his record is higher than her own, with claiming rules similar to current spouses but allowing benefits even if he hasn't applied (if divorced for 2 years). These benefits don't affect his or his current spouse's payments and clauses in divorce decrees giving up these rights are invalid.
What benefits can I get from my ex-husband?
Your former spouse is entitled to Social Security retirement or disability benefits. If your former spouse hasn't applied for benefits, but can qualify for them and is age 62 or older, you can receive benefits on your former spouse's work if you've been divorced for at least two years.
How many years do you have to be married to collect your ex-husband's Social Security?
To get benefits on an ex-spouse's Social Security record, you must have been married for at least 10 years, be currently unmarried, be at least 62 (or 50 with a disability), and your ex-spouse must be eligible for Social Security benefits, with benefits paid on your own record being less than what you'd get on theirs. You must also generally be divorced for at least two years, unless your ex is already collecting benefits.
What is the maximum spousal benefit?
3 The maximum spousal benefit is 50% of your spouse's FRA benefit if you claim at your FRA. 3 If you receive a spousal benefit before you reach FRA, it will be reduced and will not increase when you reach FRA.
What is the 10-10-10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.
Why is moving out the biggest mistake in a divorce?
Moving out during a divorce is often called a mistake because it can harm your financial standing (paying two households), weaken your position in child custody (appearing less involved), and complicate asset division by creating an "abandonment" perception, making courts favor the spouse who stayed, though it's not always a mistake, especially in cases of domestic violence where safety is paramount. Staying in the home, even in separate rooms, preserves the status quo, keeps you present for kids, and maintains your connection to the property until formal agreements are made.