Understanding Social Security Benefits After Divorce

Most Americans are likely aware that the Social Security Administration (SSA) sends out annual statements to help pre-retirees estimate their future benefits. However, few are aware of how divorce and remarriage can affect those resources. Understanding the laws surrounding spousal and survivor benefits can prevent costly mistakes and protect your long-term financial security.

Social Security is the main source of income for nearly three-quarters of all single retirees. With a national divorce rate of nearly 50% (closer to 40% in California), many retirees are single because they divorced before retirement. What many single retirees do not know is that if they were married for at least 10 years to someone who paid into the Social Security system, they may be entitled to spousal benefits even after the divorce.

Spousal Benefits After Divorce

If you were married for 10 years or longer to someone who paid into Social Security, you may be eligible for spousal benefits. Importantly, the benefit applies even if you are divorced and does not require you to have worked or paid into the system yourself.

At full retirement age (currently 67 for most people), you may be entitled to up to 50% of your former spouse’s benefit. If you worked and paid into the Social Security system for at least 10 years on your own, you may qualify for benefits under your own record, but you cannot collect both. You must choose whichever benefit is higher.

When benefits are claimed before full retirement age, the amounts are reduced. For example, filing at age 62 may result in a reduction of 25–30% of your benefit compared to waiting until full retirement age. The exact reduction depends on the year you were born and the number of months between early retirement and your full retirement age.

Survivor Benefits for Divorced Spouses

When your ex-spouse passes away, you may qualify for survivor benefits, which are generally more generous than spousal benefits. Survivor benefits equal 100% of the deceased spouse’s entitlement, as long as you meet eligibility rules.

In addition to standard rules, there are important exceptions:

• If you are disabled, you can claim survivor benefits as early as age 50.
• If you are caring for a child under 16 or disabled who is receiving benefits based on your ex-spouse’s record, you may also be eligible before age 60.

This distinction makes survivor benefits crucial for divorced individuals, as the choice between spousal and survivor benefits can have a profound impact on lifetime retirement income.

The Impact of Remarriage on Benefits

Remarriage significantly affects eligibility.

• Remarriage before age 60: You lose the right to claim spousal or survivor benefits from your former spouse’s record.
• Remarriage at or after age 60: You retain those rights for life.
• Widowed individuals with disabilities may remarry after 50 and still keep eligibility.

This means the timing of remarriage can determine whether or not you qualify. For example, if you remarry at 58, you would lose eligibility for your former spouse’s benefits unless you divorce again and wait until after age 60 to remarry. However, if you postpone remarriage until after age 60, your rights remain intact.

Multiple Marriages and Choosing the Highest Benefit

For those who have married and divorced more than once, eligibility becomes more complex.

If you were married to at least 10 spouses to more than one spouse, you may qualify for benefits on each former spouse’s record. However, you cannot claim more than one benefit at a time. Instead, you must choose the benefit based on the spouse with the highest earnings record that produces the largest monthly payment.

This requires careful evaluation, especially for individuals who have had multiple long-term marriages. The SSA does not penalize you for having more than one eligible former spouse; it simply requires you to select the highest-paying option.

Comparing Spousal, Survivor, and Own Benefits

The differences between benefit types can be confusing. This comparison may help:

Claiming Strategies and Age Milestones

Several age-related rules affect the amount and timing of Social Security benefits:

• Age 50 → Disabled widow(er)s may claim survivor benefits.
• Age 60 → Standard eligibility for survivor benefits.
• Age 62 → Earliest age for retirement or spousal benefits (with permanent reduction).
• Full Retirement Age (67 for most people) → Maximum standard benefit.
• Age 70 → Delayed retirement credits stop; benefits no longer increase by waiting.

Another factor is the earnings test. If you continue working while claiming benefits before reaching full retirement age, part of your benefit may be withheld if your earnings exceed the SSA’s annual limit. For example, in 2025, if you earn above $22,320, your benefit may be reduced by $1 for every $2 earned above that threshold.

Application Process: How to Claim Divorced Spouse or Survivor Benefits

Applying for benefits requires preparation and documentation. You can apply:

• Online through the SSA website.
• By calling SSA directly.
• By visiting a local SSA office.

Documents You May Need:

• Your marriage certificate.
• Divorce decree showing proof of marriage length.
• Ex-spouse’s Social Security number or identifying information.
• Your own birth certificate and proof of citizenship.
• Banking information for direct deposit.

In some cases, you may be asked to complete Form SSA-2 (Application for Widow’s or Widower’s Insurance Benefits) or other specific SSA forms depending on the type of benefit.

Tax Implications of Social Security Benefits

Divorced individuals should also consider the taxability of benefits. Depending on your total income, up to 85% of Social Security benefits may be taxable. For example:

• If your combined income is between $25,000 and $34,000 (individual) or $32,000 and $44,000 (joint), up to 50% of benefits may be taxable.
• Above those thresholds, up to 85% of the amount may be taxable.

Taxation does not reduce your gross Social Security amount, but it does affect your after-tax income, which is critical for retirement planning after divorce.

Same-Sex Marriage and Social Security Benefits

Since the Supreme Court’s decision in Obergefell v. Hodges (2015), the SSA recognizes same-sex marriages for the purposes of Social Security benefits. This means that divorced spouses in same-sex marriages have the same rights to spousal and survivor benefits as opposite-sex couples, provided they meet the same eligibility rules.

Frequently Asked Questions (FAQs)

Can I collect Social Security from my ex-spouse if I never remarried?

Yes, as long as you were married for at least 10 years and meet eligibility rules.

What if my ex-spouse remarried — do I still qualify?

Yes, your eligibility is not affected by your ex-spouse’s remarriage.

Does my ex need to be retired for me to claim spousal benefits?

No. As long as your ex is eligible for benefits and is at least 62, you may file even if they have not yet claimed.

Can I switch from spousal to my own benefits later?

In some cases, yes. For example, you may file for spousal benefits first and then switch to your own record at a later age if it results in a higher benefit.

How do disability rules affect divorced spouse benefits?

If you are disabled, you may qualify for survivor benefits as early as age 50. Disability rules do not apply to standard spousal benefits.

Get Legal Help Protecting Your Social Security Rights

Understanding how divorce and remarriage affect Social Security benefits is not just about retirement planning — it can have lifelong financial consequences. Before making decisions about divorce, remarriage, or benefit applications, consult an experienced family law attorney.

At Reape Rickett, we help clients navigate complex divorce and retirement-related issues, including protecting spousal and survivor benefit rights. Contact our team today to schedule a consultation and ensure you are making informed decisions about your financial future.