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How Divorce Impacts Your Social Security Benefits (And What Most People Get Wrong)

How to Apply for Social Security Benefits Through Your Ex

Applying for Social Security benefits based on your ex-spouse’s work record is easier than many people expect. You don’t need to contact your ex or get their permission—your application is completely confidential. The Social Security Administration (SSA) only needs basic information to determine your eligibility, and they won’t notify your former spouse.

What you’ll need to apply:

  • Your ex-spouse’s full name and date of birth
  • Their Social Security number (if available)
  • Your marriage certificate
  • Your divorce decree
  • Your own ID and Social Security details

You can apply online, by phone, or by scheduling an appointment at a local SSA office. As long as your marriage lasted at least ten years and you meet other eligibility criteria, the SSA will process your request and pay benefits directly to you.

Claiming Survivor Benefits as a Divorced Spouse

If your ex-spouse has passed away, you might qualify for survivor benefits—even if you’ve been divorced for years. To be eligible, the marriage must have lasted at least ten years, and you must be at least 60 years old. These benefits can equal up to 100% of what your ex was receiving. Many divorced individuals overlook this option, unaware that it exists at all.

Survivor benefits often pay more than standard divorced spousal benefits, especially if your ex earned a high income. You can even switch from your own benefit to survivor benefits—or vice versa—depending on which pays more. If you remarry after age 60, you can still qualify, which is different from the rules for regular spousal benefits. Knowing the difference between the two can help you choose the path that gives you the most support in retirement.

How to Apply for Benefits Based on Your Ex’s Record

Applying for Social Security benefits based on your ex-spouse’s record is easier than many expect. You’ll need some basic information, such as their full name, date of birth, and ideally their Social Security number. Even if you don’t have all of this, the Social Security Administration can usually locate their record. You’ll also need to provide documentation that proves you were married for at least ten years.

This typically includes a copy of your marriage certificate and divorce decree. You can apply online, by phone, or by scheduling an appointment at a local Social Security office. The process is confidential—your ex will not be contacted or notified. Once approved, the benefits are paid directly to you, just like any other Social Security payment.

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Legal Not Legal Team
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