Divorced After 10 Years? Claim Your Ex’s Social Security

If you were married 10 years or more and are now divorced, you may be able to collect Social Security benefits on your ex’s record—even if they’ve remarried—and it won’t reduce what your ex or their current spouse gets. This guide walks you through who qualifies, how much, how to apply, 2025 rule changes, and smart strategies to avoid costly mistakes. (Social Security)

Eligibility at a Glance (Checklist)

You may qualify for divorced spousal benefits if all are true:

• Your marriage lasted at least 10 years (120 months). (Social Security)
• You’re age 62+ (or any age if caring for the ex’s child under 16/disabled). (Social Security)
• You’re currently unmarried (special survivor exceptions below). (Social Security)
• Your own retirement benefit is less than the divorced spousal amount. (SSA)
• If your ex hasn’t filed, you can still qualify once you’ve been divorced 2 years and your ex is 62+ (the independently entitled divorced spouse rule). (Social Security)

Good to know: Benefits paid to a divorced spouse do not reduce the worker’s benefit or the current spouse’s benefit. Divorce decree clauses attempting to waive SSA rights are typically not enforced. (Social Security)

How Much Can You Get?

• If your ex is alive, divorced spousal benefits range from ~32.5% at 62 up to 50% at your Full Retirement Age (FRA) (66–67 depending on birth year). These percentages apply to your ex’s PIA (their benefit at FRA), not to what they actually collect if they filed early/late. (Social Security)
• If your ex is deceased, divorced survivor benefits can pay 71.5%–100% of your ex’s benefit depending on your claiming age (max at your FRA). (Social Security)

Example: If your ex’s PIA is $2,000, your max divorced spousal benefit at FRA is $1,000 (50%). If you claim at 62, it’s about $650 (32.5%). (Social Security)

If Your Ex Hasn’t Filed Yet (The Two-Year Rule)

You don’t have to wait on an uncooperative ex. If your ex is 62+, once you’ve been divorced for at least 2 continuous years, you can file independently (SSA calls this being an independently entitled divorced spouse). (Social Security)

Also, if your ex voluntarily suspends their retirement benefit, a divorced spouse can keep getting divorced spousal benefits—an exception to the file-and-suspend changes. (Social Security)

Remarriage Rules (Living Ex vs. Deceased Ex)

• Divorced spousal (ex alive): If you remarry, you generally lose eligibility to collect on your former spouse’s record. Benefits resume only if the new marriage ends (death/divorce/annulment). (Social Security)
• Divorced survivor (ex deceased): You can remarry at 60+ (50+ if disabled) and still keep or claim survivor benefits. Remarriage before 60 typically disqualifies you while that marriage exists. (Social Security)

Survivor Benefits for Divorced Spouses

If your ex-spouse has died and your marriage lasted 10+ years, you may receive up to 100% of their benefit at FRA; reduced amounts (down to ~71.5%) are available earlier (as early as age 60, or 50 if disabled). Apply using Form SSA-10 (phone or field office). (Social Security)

2025 Update: WEP/GPO Repeal May Boost Some Ex-Spouses

In January 2025, the Social Security Fairness Act became law, repealing the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). For divorced spouses and survivors who had a non-covered pension (e.g., certain teachers, police, or other public workers), GPO previously reduced or eliminated spousal/survivor benefits; those offsets no longer apply. SSA began issuing retroactive payments and higher monthly benefits in 2025. (Social Security)

Medicare: Can You Get Part A Free Based on an Ex?

Yes. Premium-free Part A (hospital insurance) is available at 65 if you or a current/former spouse worked and paid Medicare taxes for ~10 years (40 quarters); if you’re applying based on a former spouse, you generally must have a 10-year marriage and be currently single. See Medicare’s official cost page and SSA’s Medicare overview. (Medicare, Social Security)

How to Apply (Step-by-Step)

Divorced Spousal Benefits (ex alive)

1. When to apply: As early as 61y9m online for benefits starting at 62+. (Social Security)
2. Form: SSA-2 (online/phone/office). (Social Security)
3. Have ready: Birth certificate, proof of citizenship/lawful status (if applicable), marriage certificate, final divorce decree, last year’s W-2/SE tax forms, and (if known) your ex’s SSN. (SSA can often locate the record without it.) (Social Security)

Divorced Survivor Benefits (ex deceased)

• Form: SSA-10 (phone/office). Bring similar documents and proof of death (e.g., death certificate). (Social Security)

Tip: Create a my Social Security account to view your own estimates and help SSA match records if you don’t have the ex’s SSN.

Strategy: Timing, Deemed Filing & Working While Claiming

• Deemed filing (most people): If you’re eligible for both your own retirement and a spousal benefit, filing for one means you’re deemed to file for the other; SSA pays the higher amount (you don’t get both). Exception: survivor benefits are not subject to deemed filing—you can take a survivor benefit first and switch later to your own at 70, or vice versa, if advantageous. (Social Security)
• Earnings test (if working before FRA): In 2025, SSA withholds $1 for every $2 you earn above $23,400 (under FRA). Different, higher limits apply in the year you reach FRA. (Social Security)
• When the ex hasn’t filed: Use the two-year rule to file independently if your ex is 62+. (Social Security)

Quick Comparison Table

Common Edge Cases (and Answers)

• Married twice to the same person with a short break? SSA can combine multiple marriages to the same person to meet the 10-year requirement, if remarriage happened within certain timing rules. (Social Security)
• Common-law or non-marital legal relationships: SSA recognizes relationships per state law; some non-marital legal relationships can qualify. (Social Security)
• Multiple ex-spouses: More than one ex can collect on the same worker’s record; no one’s check is reduced because of the other. (Social Security)
• Disability (SSDI): Spousal/divorced spousal benefits can be paid on a worker’s disability record too; percentage rules are similar. (AARP)
• Divorce decree says “no Social Security?” SSA generally does not honor clauses waiving federal benefit rights. (Social Security)

Real-Life Mini-Examples

1. Ana, 64, unmarried, ex alive: Ex’s PIA = $2,400. At FRA (67), Ana’s divorced spousal benefit = $1,200; claiming now at 64 reduces it. (Social Security)
2. Terry, 61, ex died: At 60, Terry could start survivor benefits (reduced) and switch to own at 70 if higher. Deemed filing doesn’t apply to survivor benefits. (Social Security)
3. Rosa, 63, ex hasn’t filed: Divorced >2 years, ex is 66. Rosa can file now as independently entitled. (Social Security)

Documents & Proof You’ll Need

• Identity & age: Birth certificate; citizenship/lawful status if applicable
• Marriage & divorce: Marriage certificate and final divorce decree
• Ex’s details: SSN if known (SSA can often find it)
• Income: W-2 or self-employment return for last year
  Use Form SSA-2 for spouse/divorced spouse and Form SSA-10 for survivor claims. (Social Security)

Pros & Cons

Pros

• Potential 50% of ex’s PIA while they’re alive; up to 100% as a survivor
• Doesn’t affect your ex or their current spouse’s checks
• You can file independently after 2 years post-divorce if ex hasn’t filed (Social Security)

Cons

• Deemed filing limits “switching strategies” for most people (survivor benefits are the exception) (Social Security)
• Earnings test can withhold benefits if you work before FRA (2025 limit $23,400) (Social Security)
• Claiming before FRA permanently reduces your divorced spousal amount (Social Security)

Summary Takeaways

• 10-year marriage + age 62 + unmarried = likely eligible for divorced spousal benefits; use the two-year rule if your ex hasn’t filed. (Social Security)
• Expect up to 50% of your ex’s PIA at FRA; survivor benefits can pay up to 100%. (Social Security)
• WEP/GPO repeal (2025) ends offsets that used to reduce spousal/survivor checks for those with non-covered pensions. (Social Security)
• Medicare Part A can be premium-free based on an ex-spouse’s work record if the marriage lasted 10+ years. (Medicare, Social Security)
• Apply with SSA-2 (spouse/divorced) or SSA-10 (survivor) and bring your marriage/divorce proofs. (Social Security)

FAQs

1) Can I collect Social Security from my ex if we were married exactly 10 years?
Yes. SSA counts a full 10-year (120-month) marriage; if the divorce was effective on/after the 10-year mark, you can qualify if other rules are met. (Social Security)

2) Do I need my ex’s permission—or their Social Security number—to apply?
No permission needed. Bringing the ex’s SSN helps, but SSA can often locate the record with your documentation. Use Form SSA-2. (Social Security)

3) What if my ex hasn’t filed yet?
If you’ve been divorced 2+ years and your ex is 62+, you can file as an independently entitled divorced spouse. (Social Security)

4) How much can I get from my ex while they’re alive?
Between ~32.5% at 62 and 50% at your FRA, based on your ex’s PIA. (Social Security)

5) Will my claim reduce my ex’s check—or their current spouse’s check?
No. Divorced spouse benefits are in addition and don’t reduce anyone else’s payment. (Social Security)

6) I remarried. Can I still get benefits from my ex?
If your ex is alive, remarriage generally ends divorced spousal eligibility. If your ex is deceased, you can remarry at 60+ and keep survivor benefits. (Social Security)

7) Can multiple ex-spouses claim off the same worker?
Yes. It doesn’t reduce the worker’s or current spouse’s benefit. (Social Security)

8) Can I get Medicare Part A for $0 based on an ex?
Yes—if the marriage lasted 10+ years and you’re currently single, you may qualify for premium-free Part A at 65 based on your ex’s work record. (Medicare, Social Security)

Sources:

• Legal & rules: CFR §404.331 (10-year & two-year rule), SSA Family/Survivor planners, deemed filing page. (Social Security)
• Applications & docs: SSA-2 and SSA-10 pages. (Social Security)
• Amounts & reductions: SSA Spouse calculator/quickcalc; AARP explainer. (Social Security, AARP)
• Medicare: Medicare.gov Part A costs; SSA Medicare overview. (Medicare, Social Security)
• 2025 changes: SSA Social Security Fairness Act page; SSA press release on retroactive payments. (Social Security)