Going Through a Divorce? Here's What That Means for Your Spousal Social Security Benefits.
Key Points
You can continue your spousal Social Security benefits as normal if you were married to your ex for at least 10 years.
You must notify the Social Security Administration promptly after your divorce is finalized.
Remember to update your bank account and address with the Social Security Administration.
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Divorce can leave you with many financial concerns: How will you pay your monthly bills? What will this do to your taxes? Will you have to change your retirement plan? It's a lot to work through while also trying to process the emotional and logistical challenges that come with divorce.
Your Social Security checks probably aren't top of mind right now. But if you're claiming spousal benefits, there are some rules you need to know so you don't experience any disruptions with your payments once the divorce is finalized.
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What happens to your spousal Social Security benefits in a divorce?
Your ability to claim a spousal Social Security benefit on your soon-to-be ex's work record depends on how long the two of you were married. If it's been at least 10 years, you'll be able to continue receiving checks without interruption. Your ex cannot prevent you from claiming on their work record, and if they remarry, you and their new spouse can receive spousal benefits at the same time.
You will lose the ability to claim spousal Social Security benefits on your ex's work record if you remarry. But you'll likely gain the ability to claim benefits on your new spouse's work record, provided your new spouse is receiving Social Security retirement benefits.
If you and your ex were married for less than 10 years, then you will no longer be eligible to claim a spousal Social Security benefit after you divorce. However, if you worked long enough to qualify for retirement benefits, you can claim these instead.
What to do to avoid disruptions to your Social Security payments following a divorce
You'll need to notify the Social Security Administration of your divorce no later than the 10th day of the month after it happened. For example, if your divorce is finalized on July 15, 2026, then you'd need to let the Social Security Administration know no later than Aug. 10, 2026.
You may also need to let them know about other relevant changes that occur around the same time, such as moving to a new address, changing your name, or starting a new job. Failure to do so could result in costly delays in benefits.
Don't forget to update your bank account information if you have your Social Security checks directly deposited into your account. You can do this by contacting the Social Security Administration or by creating a my Social Security account. You'll need to answer some identity verification questions the first time you set this up. But after that, you'll be able to set a username and password for faster future logins. Once in, you can enter your routing and account numbers for your new bank account.
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