How Divorced Retirees Can Claim Social Security Benefits in 2026

Divorce can put you in a bit of a weird spot when it comes to retirement planning. You might have had to give some of your savings to your ex, and you'll definitely have to rethink what you want retirement to look like. It can take some time to build a new plan and set new savings targets.

But it's not all bad news. You could be eligible for a larger Social Security benefit on your ex's work record, but only if you meet certain criteria. Here's how to determine if an ex-spousal benefit is an option for you and what it could be worth.

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How ex-spousal Social Security benefits work

Social Security spousal benefits are available to the current spouses of qualifying workers, but many don't realize that ex-spouses can also qualify for these benefits, as long as the marriage lasted at least 10 years.

You don't need your ex's permission to claim their work record if you meet this criterion. However, if they haven't applied for benefits yet, you must wait until you've been divorced for at least two years before you can.

You also don't have to worry about your ex remarrying. You and their current spouse can both claim benefits on their work record. However, if you remarry, you'll lose the option to claim on your ex's work record, though you'll likely gain the option to claim a spousal benefit on your new partner's record.

As with any spousal benefit, you'll only receive what you're entitled to on your ex's record if it's larger than your own retirement benefit. Your maximum spousal benefit is worth up to one-half of what your spouse or ex qualifies for at their full retirement age (FRA) -- 67 for most workers today. This could be larger than your retirement benefit if your ex earned significantly more throughout their career than you did. But it's not guaranteed.

How to apply for ex-spousal Social Security benefits

Just like when you apply for retirement benefits, you'll need to provide the Social Security Administration with some details about you, including your name, birthdate, and Social Security number, as well as your most recent W-2 or 1099.

If you'd like to see whether a spousal benefit is an option for you, you may also need to provide copies of your marriage and divorce certificates. You can get these from the state(s) that issued them if you don't already have them.

You don't need to figure out whether your spousal benefit will be larger than your retirement benefit. The Social Security Administration should calculate this for you and will automatically give you an amount equal to the larger of the two.

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