How long did my marriage need to last to claim on an ex?

Generally, the marriage must have lasted at least 10 years before the divorce became final.

Do my benefits reduce my ex’s or their current spouse’s payments?

No. A divorced-spouse claim does not reduce your ex-spouse’s benefit or any benefit paid to a current spouse.

I have a non-covered pension. Will that affect my spousal or survivor benefit?

Under current law, the Social Security Fairness Act repealed the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). Check your specific record with SSA for updated amounts.

How do I apply for divorced-spouse benefits?

Use Form SSA-2 online, by phone, or at a local office. Bring proof of age, marriage and divorce documents showing at least 10 years, and identifying information for your ex if available.

If you’re divorced, you may still qualify for Social Security based on your ex-spouse’s record—even if your ex hasn’t filed yet. This guide explains who qualifies, how much you could receive (32.5%–50% of an ex’s benefit at your FRA), how remarriage and the 2-year rule work, and exactly how to apply. Social Security+1

Quick answer: divorced-spouse vs. divorced-survivor benefits

Divorced-spouse benefit (ex is alive): You may receive up to 50% of your ex’s PIA at your FRA (less if you file early). You generally must have been married 10+ years, be currently unmarried, and be age 62+. If your ex hasn’t filed, you can still claim after 2 years (IEDS) if your ex is 62+ and fully insured. Your claim does not reduce your ex’s or their current spouse’s benefit. AARP+3Social Security+3Social Security+3
Divorced-survivor benefit (ex has died): You may qualify as early as age 60 (50 if disabled); up to 100% at survivor FRA. Remarriage after 60 does not block survivor benefits (different from living-ex spousal rules). Social Security+1

Bottom line: Living ex → spousal rules (50% max at your FRA). Deceased ex → survivor rules (up to 100%), with more flexible remarriage treatment. Social Security

Who qualifies as a divorced spouse on a living ex?

You generally need all of this:

Age 62+, currently unmarried.
Marriage lasted at least 10 years before the divorce became final.
Your ex is 62+ and fully insured; if they haven’t filed, you can still qualify under the 2-year rule (see next).
Your own retirement benefit is less than the divorced-spouse amount you’d receive. Social Security+1

The 10-year marriage rule & “currently unmarried”

The Social Security Act defines “divorced spouse” eligibility with the 10-year requirement; remarriage generally ends eligibility for divorced-spouse benefits on a living ex (separate rules for survivors below). Social Security

Source: SSA (Act §216(d)), last checked: Sep 11, 2025. Social Security

The 2-year IEDS rule (if your ex hasn’t filed)

If you’ve been divorced at least two continuous years, your ex is 62+ and insured, you can claim as an Independently Entitled Divorced Spouse (IEDS) even if your ex hasn’t filed—and your payments aren’t affected if your ex later suspends benefits. Social Security+1

Source: SSA Act §202; SSA Planner (filing rules), last checked: Sep 11, 2025. Social Security+1

Deemed filing after 2016 (and the key exceptions)

If you turned 62 on/after Jan 2, 2016, deemed filing generally means when you apply, SSA pays the highest of your own or spousal (divorced-spouse) benefit—not both. Deemed filing does not apply to survivor claims. Social Security+1

Source: SSA “Filing Rules” & FAQ, last checked: Sep 11, 2025. Social Security+1

Bottom line: Check age, 10-year marriage, current marital status, and whether the 2-year rule unlocks eligibility even if your ex hasn’t filed. Social Security

How much can you get? The 32.5%–50% rule

At your FRA, the maximum divorced-spouse benefit equals 50% of your ex’s PIA (their full-retirement-age amount). If you claim early, SSA reduces the spousal portion—down to about 32.5% at age 62 for FRA=67. Social Security+1
Filing before FRA reduces only the spousal portion using SSA’s monthly reduction factors (roughly 25/36% per month for first 36 months, then 5/12% per month thereafter). Social Security
Your spousal benefit is based on your ex’s PIA (their FRA amount), not their higher delayed-credits amount; by contrast, survivor benefits can reflect delayed credits. SSA

Bottom line: Expect up to 50% at your FRA; ~32.5% if you start at 62. Survivors can reach up to 100% at survivor FRA. Source: SSA, last checked: Sep 11, 2025. Social Security+2Social Security+2

Remarriage rules (living ex vs. survivor cases)

While your ex is alive: If you remarry, you typically lose eligibility for divorced-spouse benefits on that ex. You might later qualify on your new spouse (subject to rules). Social Security
If your ex has died (survivor): Remarriage after 60 (50 if disabled) does not prevent survivor benefits based on a prior spouse. Social Security+1

Bottom line: Remarriage ends divorced-spouse benefits on a living ex, but survivor benefits survive a post-60 remarriage. Source: SSA, last checked: Sep 11, 2025. Social Security

If your ex dies: divorced-survivor benefits

You may qualify as early as age 60 (50 if disabled), often up to 100% of your ex’s benefit at survivor FRA. Deemed filing does not apply to survivor benefits, so in some cases you can claim one benefit and switch later. Child-in-care survivors may qualify earlier. Social Security+1

Bottom line: Divorced survivors often receive more than divorced spouses—learn survivor rules if your ex has died. Source: SSA, last checked: Sep 11, 2025. Social Security

Working before FRA: the earnings test

If you work before your FRA while receiving a divorced-spouse or survivor benefit, SSA may withhold benefits under the Retirement Earnings Test (RET). For 2025, SSA withholds $1 for every $2 above $23,400 (under FRA all year), and $1 for every $3 above $62,160 in the year you reach FRA (before the month you reach FRA). Withheld months are later credited at FRA. Social Security

Bottom line: Working can temporarily reduce checks before FRA, but doesn’t forfeit them—SSA recalculates at FRA. Source: SSA, last checked: Sep 11, 2025. Social Security

How to apply (what SSA needs)

Form/Path: Use Form SSA-2 (Spouse’s or Divorced Spouse’s Benefits) online (within 3 months of age 62+) or via phone/office appointment. Social Security
Documents to gather: Your SSN, birth certificate, marriage and divorce decrees proving the 10-year duration; your ex’s name/SSN (SSA can sometimes locate it with other info); bank info for direct deposit. Social Security
Timing tips: If you’re using the 2-year rule, be sure your divorce date meets the “two continuous years” test. If you will work before FRA, estimate any RET impact. Social Security+1

Bottom line: Apply with SSA-2 and solid proof of marriage/divorce; note any 2-year timing requirement. Source: SSA, last checked: Sep 11, 2025. Social Security

2025 update: WEP/GPO repeal and divorced spouses

The Social Security Fairness Act (Public Law 118-273; signed Jan 5, 2025) repealed the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). For divorced spouses and survivors who also receive a non-covered pension (e.g., many state/local pensions), the GPO offset no longer reduces their spousal or survivor benefits. SSA is implementing adjustments. Congress.gov+1

Bottom line: If you previously lost or saw reduced divorced-spouse or divorced-survivor benefits due to GPO, check with SSA—benefits may increase under the 2025 law. Source: SSA, last checked: Sep 11, 2025. Social Security

Comparison table: Divorced-spouse vs. Your own vs. Divorced-survivor

Feature	Divorced-spouse (ex alive)	Your own worker benefit	Divorced-survivor (ex deceased)
Earliest age	62	62	60 (50 if disabled)
Marriage length	10+ years	n/a	10+ years (divorced survivor)
Marital status now	Unmarried	Any	Remarriage after 60 allowed
Max % at FRA	50% of ex’s PIA	100% of your PIA	Up to 100% at survivor FRA
If you file early	Reduced (to ~32.5% at 62)	Reduced (to ~70% at 62 if FRA=67)	Reduced before survivor FRA
Ex must have filed?	No—if divorced 2+ years and ex is 62+ (IEDS)	n/a	n/a
GPO effect?	None now (GPO repealed)	n/a	None now (GPO repealed)
Deemed filing?	Yes (post-2016)	n/a	No (survivor exception)

Sources: SSA regs/planner/POMS; SSA Fairness Act update. Last checked: Sep 11, 2025. Social Security+4Social Security+4Social Security+4

Common mistakes to avoid

Assuming you can’t claim if your ex hasn’t filed—the 2-year rule may let you claim anyway. Social Security
Thinking your claim reduces your ex’s or their new spouse’s benefit—it doesn’t. Social Security
Filing spousal first to let your own grow when you turned 62 on/after Jan 2, 2016—deemed filing usually prevents this (survivor claims are different). Social Security
Missing the earnings test impact if you’ll still work before FRA. Social Security
Confusing divorced-spouse with divorced-survivor rules (especially remarriage after 60). Social Security

Bottom line: The 2-year rule, deemed filing, and remarriage timing drive most errors—double-check them before you apply. Source: SSA, last checked: Sep 11, 2025. Social Security+1

Eligibility checklist: “Can I claim on my ex?”

Divorced-spouse (ex alive):

I’m 62+ and currently unmarried.
Our marriage lasted 10+ years before divorce.
My own benefit is less than what I’d get as a divorced spouse.
If my ex hasn’t filed, our divorce was 2+ years ago and my ex is 62+/insured (IEDS). Social Security

Divorced-survivor (ex deceased):

I’m 60+ (or 50+ if disabled), and the marriage lasted 10+ years.
If I’ve remarried, it was after 60 (after 50 if disabled).
I understand survivor benefits can reach up to 100% at survivor FRA. Social Security

Bottom line: If you check most boxes above, you’re likely eligible—now estimate amounts with SSA tools and file. Source: SSA, last checked: Sep 11, 2025. Social Security

How to estimate & file (step-by-step)

Create/Sign in to my Social Security to see your record and spousal/survivor estimates. Social Security
Estimate the spousal amount: At FRA, the max is 50% of your ex’s PIA. If filing early, use SSA’s spousal reduction factors (down to ≈32.5% at 62). Social Security+1
Check earnings: If you’ll work before FRA, run the RET numbers for 2025 to avoid surprises. Social Security
Apply with SSA-2 (online, phone, or local office). Bring proof of age, marriage/divorce (showing 10 years), and, if possible, your ex’s SSN. Social Security

Bottom line: Use SSA’s calculators, then submit SSA-2 with documents; SSA can often locate your ex’s record if you supply enough identifying details. Source: SSA, last checked: Sep 11, 2025. Social Security

Important: This article is educational and not individualized legal, tax, or financial advice. Speak with SSA or a qualified advisor about your specific record.

Key sources near sensitive facts:

Eligibility & 10-year rule / 2-year IEDS / deemed filing: SSA Act §216/§202; SSA Planner; SSA POMS (last checked: Sep 11, 2025). secure.ssa.gov+3Social Security+3Social Security+3
Spousal percentages (32.5%–50%): SSA spousal calculators/planners (last checked: Sep 11, 2025). Social Security+1
Survivor ages & remarriage after 60: SSA Survivors publications/FAQs (last checked: Sep 11, 2025). Social Security+1
Earnings test (2025): SSA “How Work Affects Your Benefits” (last checked: Sep 11, 2025). Social Security
WEP/GPO repeal: Public Law 118-273 and SSA update page (last checked: Sep 11, 2025). Congress.gov+1

Takeaways & next steps

3–5 takeaways

Divorced-spouse benefits require 10+ years of marriage, 62+, unmarried, and can pay up to 50% at your FRA (less if early). Social Security+1
If your ex hasn’t filed, you may still claim after 2 years (IEDS) if your ex is 62+. Social Security
Divorced-survivor benefits can start at 60 (50 if disabled) and reach up to 100%; remarriage after 60 doesn’t block them. Social Security
Deemed filing usually prevents “spousal-only” strategies (survivor claims are exempt). Social Security
WEP/GPO are repealed (2025)—good news for ex-spouses with non-covered pensions. Social Security

Next steps

Open my Social Security, compare your own vs. divorced-spouse vs. survivor estimates. Social Security
Verify 10-year marriage documentation and divorce date (for the 2-year rule). Social Security
If filing before FRA while working, check the RET limits and consider timing. Social Security
When ready, file SSA-2 online or book an SSA appointment. Social Security

FAQ Section

Q: Can I claim Social Security on my ex-spouse if they haven’t filed yet?

Yes. If you’ve been divorced for at least two continuous years and your ex is 62 or older and insured, you can qualify as an Independently Entitled Divorced Spouse (IEDS).

Q: How much can I receive as a divorced spouse?

At your full retirement age, up to 50% of your ex-spouse’s Primary Insurance Amount (PIA). Filing as early as 62 reduces the spousal portion to roughly 32.5% if your FRA is 67.

Q: Does remarriage stop divorced-spouse benefits?

For a living ex-spouse benefit, remarriage generally ends eligibility. Different rules apply for divorced-survivor benefits after an ex-spouse dies.

Q: Does deemed filing apply to divorced spouses?

Yes. For those who became eligible after 2016, filing generally means SSA pays you the highest of your own or spousal (divorced-spouse) benefit. Deemed filing does not apply to survivor benefits.

1) Can I claim Social Security on my ex-spouse if they haven’t filed yet?
Yes—if you’ve been divorced for 2+ years, your ex is 62+ and insured, you can claim as an independently entitled divorced spouse (IEDS). Social Security

2) How long did my marriage need to last?
Generally 10 years before the divorce became final (applies to divorced-spouse and divorced-survivor benefits). Social Security

3) How much can I receive as a divorced spouse?
At your FRA, up to 50% of your ex’s PIA; filing at 62 cuts the spousal portion to about 32.5%. Social Security+1

4) Does remarriage stop divorced-spouse benefits?
Usually yes for a living-ex benefit. But remarriage after 60 doesn’t block divorced-survivor benefits. Social Security

5) Do my benefits reduce my ex’s or their new spouse’s checks?
No. Payments to a divorced spouse don’t reduce benefits to the worker or their current spouse. Social Security

6) Does deemed filing apply to divorced spouses?
Yes—post-2016, deemed filing applies to spouse/divorced spouse claims (not survivors). Social Security

7) I have a non-covered pension. Will that cut my spousal/survivor benefit?
No under current law. GPO was repealed in 2025 by Public Law 118-273. Social Security

8) How do I apply?
Use Form SSA-2 (online, phone, or in person). Bring proof of marriage/divorce and identifying info for your ex if available. Social Security