A large number of people entitled to this never claim it, usually because they assume a divorce ended any connection to their ex-spouse's record. It generally does not, and nobody is likely to tell you.
If the marriage lasted ten years, you are currently unmarried, and you are 62 or older, you may claim up to 50% of your ex-spouse's primary insurance amount. It takes nothing from them, they are not notified, and if you have been divorced two years or more you can claim even if they have not filed yet.
The conditions
| Requirement | Detail |
|---|---|
| Marriage length | At least 10 years — a hard line |
| Your marital status | Currently unmarried |
| Your age | 62 or older |
| Their eligibility | Entitled to retirement or disability benefits |
| Their filing status | Not required, if divorced 2+ years |
The ten-year rule is exact. Social Security counts from the marriage date to the date the divorce became final, and there is no discretion below the threshold.
If a divorce is in progress and the anniversary is close, that is a fact worth knowing — the difference between nine and ten years can be a lifetime of monthly payments.
The two-year rule that married couples do not get
This is the genuinely useful asymmetry.
A married person cannot claim a spousal benefit until their spouse has filed. A divorced person can, provided the divorce is at least two years old and both are 62 or older. SSA calls this being independently entitled.
So a divorced person is not held hostage by an ex-spouse delaying to 70. A married person is.
It takes nothing from your ex-spouse. Their benefit is unchanged, and so is any benefit paid to their current spouse. Multiple ex-spouses can each claim on the same record with no reduction to anyone.
They are not notified and their consent is not needed. You will need their Social Security number, or enough identifying detail — full name, date of birth, parents' names — for SSA to find the record. A copy of the marriage certificate and divorce decree is normally required.
And as with any spousal benefit, you receive the higher of the two amounts, not both.
Remarriage
If you remarry, eligibility on the ex-spouse's record generally ends. You may then be eligible on your new spouse's record instead.
If the later marriage also ends — by divorce, annulment or death — eligibility on the earlier record can be restored, assuming the ten-year test was met.
Survivor benefits are different. If your ex-spouse has died, remarrying after age 60 does not disqualify you from a surviving divorced spouse benefit. That age threshold matters and is easy to get wrong.
Surviving divorced spouse benefits
If your ex-spouse has died, the rules change in your favour:
- Up to 100% of what they were receiving, rather than 50%
- Claimable as early as 60 (50 if disabled)
- The ten-year marriage rule still applies
- Remarriage after 60 does not disqualify you
- Deemed filing does not apply, so you can claim a survivor benefit and switch to your own later, or the reverse
That last point preserves genuine flexibility that married couples lost. Someone widowed by an ex-spouse can take the survivor benefit at 60 and let their own record grow with delayed credits to 70.
Working out whether it applies to you
- Count the marriage precisely — date of marriage to date the divorce was final
- Find their PIA if you can. SSA can tell you what you would receive; you do not need their cooperation
- Compare half of theirs with your own benefit, and remember you get the higher, not both
- Check your current marital status against the rules above
- Call SSA rather than guessing — the entitlement rules have edge cases and the agency will check your specific record
The most common reason people miss this is simply never asking. It costs a phone call, and nobody else will raise it on your behalf.
This is general information, not financial advice — see our disclaimer.
Frequently asked questions
How long must the marriage have lasted?
At least ten years. This is a hard threshold — nine years and eleven months does not qualify, and there is no partial entitlement below it.
Does claiming reduce my ex-spouse's benefit?
No. Their benefit is unaffected, as is any benefit paid to a current spouse. Nothing is taken from anyone.
Will my ex-spouse be told?
No. Social Security does not notify them, and their permission is not required. You will need their Social Security number or enough detail for SSA to locate their record.
Do they have to have filed for benefits first?
Not necessarily. If you have been divorced at least two years and both of you are 62 or older, you can claim even if they have not filed — a rule that does not exist for married couples.
What happens if I remarry?
Remarrying generally ends eligibility on an ex-spouse's record. If the later marriage also ends, eligibility can be restored. Survivor benefits follow different rules and remarriage after 60 does not disqualify you.
Sources
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