Can I collect Social Security benefits based on my ex-spouse’s work record?

Yes. If you were married at least ten years, are currently unmarried, and at least age 62, you can claim up to 50% of your ex-spouse’s full retirement benefit without affecting their payments.

How much will I actually receive from an ex-spouse’s Social Security benefit?

You can receive up to 50% of your ex’s full retirement benefit. If you claim before your full retirement age, the amount is permanently reduced. If your own benefit is higher, you’ll get your personal amount instead.

Will remarrying affect my eligibility for ex-spousal benefits?

Generally, yes—remarrying before age 60 disqualifies you from ex-spousal benefits. However, if you remarry after age 60 (or 50 if disabled), you may regain eligibility for survivor benefits based on your first marriage.

Can I claim survivor benefits after my ex-spouse passes away?

Yes. If your marriage lasted at least ten years and you’re at least 60 (or 50 if disabled), you can claim up to 100% of your ex’s benefit. These survivor benefits may exceed standard divorced spousal payments.

What documents do I need to apply for benefits based on my ex’s record?

You’ll need your ex-spouse’s full name, date of birth (and Social Security number if available), your marriage certificate, divorce decree, and your own ID and Social Security information. You can apply online, by phone, or at a local Social Security office.

How Divorce Impacts Your Social Security Benefits (And What Most People Get Wrong) - Legal Not Legal

Contents

Can You Work While Collecting Divorced Spousal Benefits?
Common Mistakes That Could Shrink Your Benefits
Common mistakes include:
Compare Your Benefit Options
Don’t Let Confusion Cost You Your Benefits

Can You Work While Collecting Divorced Spousal Benefits?

If you start collecting benefits before your full retirement age and continue working, your payments may be reduced. In 2025, if you earn more than $22,320 annually, $1 is deducted from your benefit for every $2 over the limit. This only applies to income from employment or self-employment, not from pensions or investments. The reduction is temporary and stops once you reach your full retirement age.

Once you hit that milestone, Social Security recalculates your benefit to account for months when payments were withheld. This adjustment could slightly increase your future monthly checks. Still, many people are caught off guard by the impact of working while collecting benefits. Understanding these limits can help you decide whether to work when to file, or whether to wait altogether.

Common Mistakes That Could Shrink Your Benefits

Even small oversights can cost you thousands over the course of your retirement. Many divorced individuals never apply because they assume benefits only go to current spouses—or they apply too early and lock themselves into reduced payments. Knowing what to avoid can make a major financial difference.

Common mistakes include:

Not realizing you’re eligible through an ex-spouse
Applying before full retirement age and reducing your payout
Remarrying without knowing how it impacts eligibility
Failing to compare spousal, survivor, and personal benefits
Missing documentation or delaying your application

Understanding the rules upfront allows you to make smarter choices, avoid unnecessary losses, and confidently plan your retirement income.

Compare Your Benefit Options

See at a glance how much of your ex-spouse’s Social Security you can claim, whether as a divorced spouse or survivor.

Divorced Spousal Benefit

50%

Survivor Benefit

100%

Max divorced‐spousal benefit = 50% of your ex’s PIA at FRA :contentReference[oaicite:0]{index=0}
Max survivor benefit = 100% of your ex’s PIA at survivor FRA :contentReference[oaicite:1]{index=1}

Don’t Let Confusion Cost You Your Benefits

Social Security benefits after divorce are often misunderstood, but the right knowledge can lead to greater financial stability later in life. Many people miss out on money they’re legally entitled to simply because they don’t know the rules. By taking the time to understand your options, you can make smarter choices that support your retirement goals. Whether you’re single, widowed, or thinking about remarrying, knowing how divorce affects Social Security gives you the power to plan with confidence.

For More Information on Spousal & Survivor Benefits: Spousal and Survivor Benefits Are Changing in 2025 Here’s What to Expect

For More Information From The Social Security Administration: Official SSA Guidelines On Benefits After Divorce