The Divorced Spouse's Guide to Social Security Benefits in 2026

If you're going through a divorce, you're probably grappling with a lot of emotional and logistical concerns. You're trying to separate your assets and figure out what a new normal looks like for you. And while it may not be top of mind right away, you'll eventually have to sort through the financial implications of your divorce.

Retirement planning suddenly looks different. You no longer have to work around your ex's plans for the future, but you also don't have their savings to help you cover your future living costs. However, some divorced people may still have access to Social Security benefits on their ex's work record.

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How Social Security benefits work when you're divorced

You may qualify for a Social Security retirement benefit if you worked long enough. You need to have earned 40 credits, a credit being a certain amount of earnings. In 2026, one credit is $1,890. You can earn up to four credits per year.

Married individuals may also qualify for a spousal benefit if their partner is eligible for a retirement benefit. A spousal benefit is worth up to half of what your partner qualifies for at their full retirement age (FRA), which is age 67 for most workers today.

Divorced people may also be eligible to claim a spousal benefit on their ex's work record, but you need to know about a few rules. First, this is possible only if you and your ex were married for at least 10 years before you divorced. If your marriage was shorter than this, you won't be able to claim benefits on your ex's work record.

You also can't claim an ex-spousal benefit if you have remarried. In that case, you'd be eligible to claim on your new partner's record instead. However, if you're still single and your ex has remarried, that doesn't matter. You and your ex's new spouse can both claim benefits based on your ex's work record at the same time.

A married person must wait until their partner has already applied for Social Security before they can claim a spousal benefit. But a divorced person may sign up even if their ex has not, provided they've been divorced for at least two years.

What to expect if you qualify for a spousal benefit on your ex's record

If you're eligible for a spousal benefit and a retirement benefit, you'll get only the larger of the two. You don't have to figure out which one that is on your own. The Social Security Administration will automatically do this for you.

Often, your own retirement benefit will be larger if you and your spouse have a similar earnings history. However, if they out-earned you by a significant amount, there's a good chance your spousal benefit will be larger.

The exact amount you get will depend on their earnings history and when you sign up. Every month you delay your application increases your checks a little until you reach your FRA. This makes spousal benefits different from retirement benefits, which continue to grow until you reach age 70.

What to do when you're ready to apply

All you need to do is decide when you want to claim benefits and make sure you have all your paperwork in order. You'll need to provide information about yourself, including your name, birthdate, and Social Security number. You'll also need your W-2 or other tax form(s) from the previous year.

If you plan to claim a benefit on your ex's work record, you'll also need copies of your marriage and divorce certificates. You should be able to get these from the state(s) where you got married and divorced, if you don't already have them.

If you need any help tracking down key information, you can always ask the Social Security Administration for assistance. It may be able to look up some of this information for you.

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