Divorce is hard enough. Don’t let confusion about Social Security make it worse.
If you're divorced and approaching retirement, there’s a lesser-known Social Security benefit that might be waiting for you. called the “divorced spousal benefit.” It’s one of those hidden-in-plain-sight financial opportunities, so it’s important to know where to look.
Let's demystify this lesser-known benefit and answer key questions about how divorced spousal Social Security works, who qualifies, and even whether your ex will find out you’re claiming it.
What Is the Divorced Spousal Benefit?
In simplest terms, the divorced spousal benefit lets you claim up to 50% of your ex-spouse’s Social Security benefit as long as certain conditions are met. It’s similar to the spousal benefit for married couples, but with a few important differences.
Here’s How You Qualify:
-You must have been married for at least 10 years.
-You must have been divorced for at least 2 continuous years.
-You must be currently unmarried (remarriage before age 60 disqualifies you).
-Your ex only needs to be eligible for Social Security, they don’t have to be actively claiming it.
-Your personal benefit (based on your work history) must be less than half of your ex’s benefit.
-You must be at least 62 years old or full retirement age to get the full 50%.
If you’re still working, keep in mind the Social Security earnings test could reduce your benefit before full retirement age.
Busting the 7 Biggest Myths About Divorced Spousal Benefits
Let’s tackle the rumors and misunderstandings head-on.
1. "My ex has to claim their benefit before I can claim mine.”
False. They just need to be eligible. They don’t have to have filed yet.
2. “My ex will find out I claimed their benefit.”
Highly unlikely. Social Security doesn’t notify them, and claiming doesn’t affect them in any way.
3. “My ex got remarried, so I’m disqualified.”
Nope. Your remarriage matters, not theirs.
4. “Claiming will reduce my ex’s benefit.”
It doesn’t touch their check. Period.
5. “Claiming will reduce their new spouse’s benefit.”
This is not how it works. In fact, multiple ex-spouses (each married for 10+ years) can claim from the same worker, and none of them affect the others.
6. “If we got divorced, I get 100% of their benefit.”
Sorry. You may be eligible for up to 50% at most, not the full amount.
7. “I can stack my benefit and their benefit together.”
Social Security doesn’t stack. If your own benefit is lower, they’ll top you up to the spousal amount, but will not add the two together.
Quick Gut-Check: Should You Even Bother?
Here’s how to know whether it’s worth digging deeper:
-Did you remarry before age 60? You’re probably disqualified.
-Is your benefit more than half of theirs? You’re probably disqualified.
-Don’t know their benefit? Use the maximum Social Security benefit as a ballpark:
In 2023, the max benefit at age 67 was $3,627/month, and half of that is about $1,813/month. If your benefit is more than that, your spousal benefit is likely zero.
What You’ll Need to Claim
If you decide to move forward, Social Security will need to see your marriage certificate and divorce decree. Yes, this can be a pain to track down, but once you schedule a call or appointment, they’ll walk you through the process and even print out what your benefit would be.
Final Thoughts
The divorced spousal benefit isn’t flashy. It’s not going to double your income or pay for that villa in Italy. But if you qualify for it, that could mean hundreds or (even thousands) of extra dollars each month, for life. And in retirement, every dollar counts.
If you’re not sure whether you qualify, or you just want help integrating this into your broader retirement plan, that’s exactly what we do at Brindle & Bay Wealth Management. We specialize in helping people like you retire with calmness and clarity, no matter what twists life has thrown your way.
Click here to book a call with us! We’re eager to help turn uncertainty surrounding your retirement into full-blown confidence.
The client stories shared in this blog post are intended for illustrative purposes only. While inspired by real-life experiences, these examples are composites drawn from a range of client situations and do not represent any one individual. They may be considered indirect testimonials. Actual client experiences will vary. No clients were compensated for sharing their stories.
