Divorced spouses often have valuable benefit rights they never knew about. Here are the rules.
Who qualifies for divorced spouse benefits?
You can claim Social Security benefits on an ex-spouse's record if your marriage lasted at least 10 years, you are currently unmarried, you are at least 62, and your own benefit would be smaller. Your ex-spouse must be entitled to benefits, but if you have been divorced for at least two years, they do not need to have actually filed. The benefit is worth up to 50% of your ex's full retirement age amount. Remarrying generally ends your eligibility unless that later marriage also ends. Your ex is never notified and their benefit is unaffected.
How much can a divorced spouse receive?
A divorced spouse can receive up to 50% of the ex-spouse's Primary Insurance Amount, the benefit at full retirement age, if you claim at your own full retirement age. Claiming as early as 62 permanently reduces it. As with regular spousal benefits, Social Security pays the higher of your own benefit or the divorced spousal benefit, not both. If your ex-spouse has died, you may instead qualify for divorced survivor benefits worth up to 100%. These rules are nuanced, so it helps to confirm your eligibility before deciding when to claim.