SLEDGE: I am divorced; can I get my ex’s benefits?

Ned Sledge is a Social Security Public Affairs Specialist in Richmond. Questions about Social Security issues may be directed to him by e-mailing .
Published: November 5, 2008

Q: I’m a divorced woman. I was married from 1974-2006. During that time there were many years when I did not work as I was raising the children and keeping the home. My spouse did work during that time. It’s my understanding that I’m eligible to collect some of his social security from the time that we were married. Is this factual? If so, how much can I collect and how do I go about claiming my portion? — Jenni C.

A: A spouse can qualify for benefits on their ex-spouse’s record, but they have to meet the following requirements: (1) they were married to each other for at least ten years, (2) the claimant is at least 62 years old, (3) the claimant is unmarried, and (4) the claimant is not entitled to a higher Social Security benefit on her own record.

In addition, the former spouse must be eligible to receive their own retirement benefit. Note that the ex doesn’t have to be actually receiving that benefit. They may, for instance, want to continue working and to apply for the benefit at a later time, in order to receive a larger amount.

But that’s all right: the ex merely has to be eligible to collect a benefit if they were to apply for it. In other words, he has to meet all the requirements except filing the application. (In this scenario, though, you must have been divorced for at least two years.) Note that this is an important point of distinction between divorced spouses and current spouses: for the latter to receive benefits on their ex’s record, the ex must actually be getting benefits themself.

Age 62 is the minimum age for benefits as a divorced spouse — and you’re considered divorced as long as your ex is still living. If they die before you, however, you become a surviving divorced spouse, and in that case you can become entitled on their record as early as age 60 —  or age 50 if you’re disabled.

As for an ex-spouse having to be unmarried – well, that’s generally true, but there’s a bit more to it than that. You can remarry, but you must not have remarried before the age of 60. Remarriage after 60 doesn’t affect entitlement; you can still become entitled on an ex’s record, or keep drawing those benefits if you were already getting them. And it’s even all right to have remarried before 60, if that marriage has since ended, either by death, divorce or annulment.

But the real key to entitlement to divorced spousal benefits rests with a comparison of that benefit with the one you can receive on your own record. For example, the maximum amount payable to both wives and divorced wives is 50 percent of the benefit the worker would receive at his full retirement age. If the 100 percent benefit payable at your full retirement age — is more than 50 percent of his, then you won’t be able to receive a benefit on his record. Why? Because you can get more on your own record. And remember that early entitlement to these benefits will mean a reduced benefit.

Finally, you can apply for divorced spousal benefits online at http://www.socialsecurity.gov, by phone, or at any Social Security office. If you’re not going to file online (the best way) then call 1-800-772-1213 to make an appointment (it’s not required, but it can significantly reduce the time you’ll spend waiting in the office). Bring proof of marriage and divorce (a divorce decree usually provides both) and possibly proof of age with you.