Divorced spouse benefits and the 10-year rule
You can get a benefit on a former spouse's record if your marriage lasted at least 10 years, you are unmarried and at least 62, and your own benefit is smaller. The most you can get is half of your ex-spouse's full benefit, which is $1,000 a month if theirs is $2,000.
Last updated: . Education, not financial advice.
The rules
- Your marriage lasted 10 years or longer.
- You are unmarried now.
- You are 62 or older.
- The benefit from your own work is smaller than the benefit on your ex-spouse's record.
- Your ex-spouse is entitled to retirement or disability benefits. If they have not filed yet but could (they are 62 or older), you can still claim once you have been divorced for at least 2 years.
Source: Benefits on a former spouse's record (SSA answer) (opens in a new tab), Spousal benefit calculator (opens in a new tab)
What you can expect
The amount is worked out like a regular spousal benefit. Say your ex-spouse's full benefit is $2,000 and you were born in 1962, so your full retirement age is 67. The first two columns assume you have no work record. The last three assume your own full benefit is $600, so the divorced-spouse amount is added only to fill the gap.
| You start at | No work record: spousal | Own check | Spousal added | Total |
|---|---|---|---|---|
| Age 62 | $650 | $420 | $260 | $680 |
| Age 64 | $750 | $480 | $300 | $780 |
| Age 67 | $1,000 | $600 | $400 | $1,000 |
Your claim does not change what your ex-spouse gets.
Source: Benefits on a former spouse's record (SSA answer) (opens in a new tab), Spousal benefit calculator (opens in a new tab), Full retirement age and reduction by claiming age (opens in a new tab)
If your ex-spouse has died
A surviving divorced spouse can generally start survivor benefits at 60 if the marriage lasted at least 10 years. See the survivor benefit calculator.
Source: Benefits on a former spouse's record (SSA answer) (opens in a new tab), Survivors benefits (opens in a new tab)
Marriage of 9 years and 11 months?
The 10-year rule is strict. Some people who were married a little less may still qualify for other benefits, for example while caring for a child, so ask Social Security before you decide. Call 1-800-772-1213 or visit Retirement benefits (opens in a new tab).
Common questions
How long must the marriage last?
At least 10 years.
How much can I get on my ex-spouse's record?
Up to half of their full benefit: $1,000 a month if theirs is $2,000, and less if you start before your full retirement age ($650 at 62 with no work record).
Does my claim reduce my ex-spouse's benefit?
No. Your benefit on their record is paid separately and does not reduce theirs.
Sources
- Benefits on a former spouse's record (SSA answer) (opens in a new tab)
- Spousal benefit calculator (opens in a new tab)
- Survivors benefits (opens in a new tab)
- Full retirement age and reduction by claiming age (opens in a new tab)
- Retirement benefits (opens in a new tab)
Keep reading
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Wait or Claim is independent. We are not affiliated with, endorsed by or connected to the Social Security Administration or any government agency. We give education, not financial, tax or legal advice. Check your own facts with Social Security (ssa.gov) before you file.