Benefits for your divorced spouse

If you are divorced (even if you have remarried), your ex-spouse may qualify for benefits on your record if you are 62 or older. In some situations, he or she may get benefits even if you're not receiving them yet. To qualify on your record, your ex-spouse must:

• have been married to you for at least 10 years;
• be at least 62 years old;
• be unmarried; and
• not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else's Social Security record.

If your divorced spouse is eligible for retirement benefits on his or her own record we will pay that amount first. But if

• the benefit on your record is a higher amount, he or she will get a combination of benefits that equals that higher amount (reduced for age).

• your divorced spouse has reached full retirement age and is eligible for a spouse's benefit and his or her own retirement benefit, he or she has a choice.

  Your divorced spouse can choose to receive only the divorced spouse's benefits now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of delayed retirement credits.

If your former spouse continues to work while receiving benefits, the same earnings limits apply to him or her as apply to you. If he or she is eligible for benefits this year and is also working, you can use our earnings test calculator to see how those earnings would affect those benefit payments.

Note: If your ex-spouse will also receive a pension based on work not covered by Social Security, such as government or foreign work, his or her Social Security benefit on your record may be affected.  

The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.