A Guide to Social Security after Divorce

Since Social Security benefits can make a big difference in your cash flow and income taxes in retirement, it is worthwhile to understand how this important benefit works. If you’re divorced after at least 10 years of marriage, you can claim Social Security benefits based on your former-spouse’s work record. If you’ve been married for less than 10 years, you cannot claim any Social Security based on your former-spouse’s work history so it’s critical you don’t finalize a divorce after nine years of marriage without seriously thinking through the consequences.

Before jumping into the details, let’s cover the key highlights:

1. There are no decisions to make or filing requirements during the divorce. The benefit amounts are determined by the Social Security Administration (SSA) when you get to age 62+ so this is a rare financial issue you can put off thinking about until well after the divorce is finalized if you are younger than 62.
2. No court order is necessary – all you need is proof that you were married for at least 10 years and proof that you are now divorced.
3. Your former spouse’s benefits are not affected at all by your claim – they don’t even have to know you are filing on their work history.
4. Benefits can be received while your former spouse is alive as well as after they die.

How do I qualify as a divorced spouse?

To be eligible based on your former-spouse’s work history, all the following must apply:

• Your marriage lasted 10 years or longer.
• You are not currently married (unless you were over age 60 when the remarriage occurred).
• You are 62 years or older (unless you’re disabled, or your former spouse is deceased).¹
• Your former-spouse’s benefit is greater than any you would receive based on your own working record (you can’t receive full benefits based on your own earnings record and your former spouse’s earnings at the same time).
• Your former spouse must be entitled to Social Security retirement or disability benefits.

Your former spouse doesn’t have to be collecting his or her retirement benefits for you to claim your spousal benefit. However, if this is the case, your divorce must have been finalized at least two years prior. The two-year rule does not apply if your former spouse is already receiving benefits.

The SSA will not notify your former spouse that you are collecting benefits off their work record. That is likely music to your ears since, unlike many things in divorce, there’s no need to coordinate or communicate with your former spouse, as your collection of a spousal benefit does not impact their Social Security benefit.

What if I’ve been married and divorced more than once?

If each marriage lasted 10 years or more and the above qualifications apply to each situation, you can choose which benefit you would like to collect, but you cannot collect on more than one work record.

How much will I receive?

The benefit received depends on a few factors: the earnings history of you or your former spouse and the age at which you file. Currently, if you're eligible for divorced spousal benefits based on your former-spouse's work record, the maximum amount you can receive is 50% of your former-spouse's benefit at their full retirement age (FRA).² FRA is calculated based on the year your former spouse was born.³

It's important to note that if you choose to begin receiving benefits before reaching your FRA, the amount will be permanently reduced. Your FRA might be different than your former spouses' if you were born in different years. For example, if you start benefits 12 months before your FRA, because you are receiving benefits a year earlier, you will get paid less each month and any future cost of living adjustments will be based on this amount.⁴

In some financial situations, it does make sense to claim benefits before FRA, but it is important to understand all your options before making an irreversible decision.

Can I get an estimate of what this would be without going through my former spouse?

Yes, but it’s not as easy as accessing your own record, which you can do at any time by creating an account and logging in to www.ssa.gov. To receive an estimate of your divorced-spousal benefits, you need to call or visit a local Social Security office, where you’ll need to provide your marriage certificate and divorce decree to receive an estimate of your divorced spousal benefit. You’ll also need your former spouse’s Social Security number, but if you don’t have it, then make sure you can provide their date of birth, place of birth and parents’ names.

When can I apply for divorced-spouse benefits?

Unless your former spouse is already deceased or you are disabled, the earliest you can file is three months before your 62nd birthday. Remember though, that 62 is considered “early retirement age,” so your full benefit will be reduced if you claim as soon as you are eligible.

Should I collect benefits based on my work record or my former spouses?

All Social Security recipients have the option to delay taking their own Social Security past their FRA to increase their monthly social security check. Starting your own benefit after your FRA increases your payment by 8% per year each year beyond FRA until your age 70.

If you were born in 1953 or earlier, you have a unique option to file for divorced-spousal benefits now and then switch to your own benefit later. However, when you file early both of those benefit amounts will be reduced accordingly, and those reductions are permanent. So, crunch the numbers for various longevity scenarios before making this special election. For anyone born in 1954 or after, you must choose one benefit or the other. Unlike filing for benefits based on your own record, when filing as a divorced spouse, waiting until after your full retirement age will not increase your benefits, so it is best to file upon your FRA if you haven’t already.⁵

Whenever you decide to file, your benefit is calculated as the greater of either your own benefit or your divorced-spousal benefit. In other words, you cannot receive both. The decision on when and whose benefit to take is a permanent one, so it’s good to work closely with a financial advisor and the SSA to see what would give you the largest benefit. The ... More

What if my former-spouse dies?

Many people are surprised to learn that they can receive 100% of their deceased spouse’s benefit, even as a divorced spouse. If your former spouse passes away, you may be eligible to receive 100% of the amount your ex-spouse was receiving from Social Security when they died. The following would have to apply for you to receive the benefit:

• The marriage lasted at least 10 years.
• You are at least 60 (50 if disabled), or you are caring for a child from the previous marriage who is either under 16 or became disabled before turning 22 (in which case, there’s no age minimum).
• You are single or, if you are remarried, you didn’t remarry until after you turned 60 years old (50 if disabled).

As is the case for any survivor benefit, waiting to collect benefits until full retirement age will qualify you to receive 100% of what your deceased former spouse was receiving when they passed away. If they were not collecting benefits at the time of death, you would receive 100% of what they were entitled to receive.

Not yet full retirement age? You may still collect survivor benefits from your late former spouse, however, the amount you receive will be reduced. If your late former spouse filed for Social Security benefits early (i.e. before their full retirement age), your benefit amount will be based on that reduced amount.⁶

Again, there’s no double dipping with Social Security. If you were collecting your own benefit prior to your former spouse passing away, you can still apply for survivor benefits. However, you may only collect the higher of the two benefits.

An unusual twist: the benefits you receive on your deceased former-spouse’s record will not affect the benefit for other survivors getting benefits on their record. So, if your former spouse was remarried at the time of their death, their surviving spouse can also claim a survivor benefit. There is no limit to how many people can collect on one work record!

In most cases, you will not need to notify SSA of the death. That is usually handled by the funeral home. If you already receive benefits as a former spouse, your benefit will automatically be changed to the survivors benefits after the SSA receives the report of death.

Unfortunately, a surviving divorced spouse who was not already receiving spousal benefits cannot apply online to initiate survivor benefits. You should contact the Social Security Administration via phone to request an appointment to start the filing process.

How is my Social Security taxed?

In 2025, unless your total income is less than $25,000 for an individual or $32,000 if you’re remarried and file jointly, you will have to pay taxes on a portion of your Social Security benefits. The amount you will be taxed on is as follows:

• If you have income between $25,000 and $34,000 for an individual or $32,000 - $44,000 for a couple, up to 50% of your benefit will be taxed.
• If you have income of more than $34,000 (individual) or $44,000 (couple), up to 85% of your benefit will be taxed.

Also, keep in mind that 12 states collect taxes on Social Security benefits. These states are Colorado, Connecticut, Kansas, Minnesota, Missouri, Montana, Nebraska, New Mexico, Rhode Island, North Dakota, Vermont and Utah. The actual amount and calculation each of these states uses varies greatly, so it’s best to work with your accountant and financial advisor or research the taxation of benefits in the state in which you reside.

Can I work and receive social security?

The short answer is yes, you can work and receive your benefits. However, if you haven’t yet reached FRA, there are some things to consider.

For those who haven’t yet reached full retirement age and are working, not only will you receive a permanently reduced benefit for taking early benefits, but if you earn more than $23,499 (in 2025), your benefits will be temporarily reduced further. Social Security will reduce $1 of every $2 you earn over that threshold. If you work during the year, you reach FRA, that deduction is $1 for every $3 you earn over $62,160 until the month you reach full retirement age. However, the benefit that is withheld isn’t gone forever, as it will be added back to your benefits after you reach full retirement age.

If you have reached your FRA and are working, you can collect your full benefit amount without the temporary reduction.

What documentation do I need to bring to collect?

The Social Security Administration will need the following pieces of information to start the process.

• Proof of your US citizenship or legal immigration status
• Your birth certificate or other proof of birth
• Marriage certificate
• Divorce decree
• Former spouse’s SSN
• US military discharge paper(s) if you had military service before 1968

For more information on the process, go to www.SSA.gov

Look into your benefits no matter what

Social Security may be a significant source of income to many divorced individuals in retirement. When planning for your retirement years, it’s important to understand the variables involved and what you may expect to receive.

It is also important to analyze the facts and then set a strategy to get the maximum benefit given your individual situation. Even if you think your own benefit will be the higher amount, it is worth it to double check with the SSA especially if you learn that your former spouse has passed away, making you eligible for survivor benefits rather than just spousal.

Many people need help navigating all the complexities of Social Security. Reach out to a Corient Wealth Advisor to better understand your options—especially given the added complexities that come with a divorce. With the right advice, you can maximize the money you receive from social security.

¹ https://www.forbes.com/sites/heatherlocus/2021/08/12/straight-talk-on-gray-divorce--preparing-to-go-it-alone-after-50/?sh=2325e7e236f9
² https://blog.ssa.gov/do-you-qualify-for-social-security-spouses-benefits-2/
³ https://www.ssa.gov/faqs/en/questions/KA-01897.html
⁴ https://www.ssa.gov/oact/quickcalc/earlyretire.html
⁵ https://www.ssa.gov/help/iClaim_delayBenefit.html
⁶ https://www.ssa.gov/pubs/EN-05-10084.pdf
⁷ https://budgetmodel.wharton.upenn.edu/issues/2025/2/10/eliminating-income-taxes-on-social-security-benefits
⁸ https://www.ssa.gov/benefits/retirement/planner/whileworking.html

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