You Could Be Owed Social Security From an Ex (And Many People Don’t Realize It)
- - You Could Be Owed Social Security From an Ex (And Many People Don’t Realize It)
David MainaJanuary 15, 2026 at 5:05 AM
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Divorce rarely comes with financial upside. Most of the time, it means untangling finances, changing routines, and reworking long-term plans. But there is one narrow, often overlooked area where being an ex can actually work in your favor.
If you were married long enough, you may be eligible for Social Security benefits based on your ex-spouse's work record. That can be true even if you divorced years ago and even if your former spouse has remarried.
Below, we explain how ex-spouse Social Security benefits work, who qualifies, and how they can help you maximize your senior benefits.
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What the rules actually say for divorced spouses
Under current rules from the Social Security Administration (SSA), a qualified divorced spouse can claim either their own retirement benefit or a divorced-spouse benefit based on an ex's work record, whichever is higher.
To qualify, you need to meet a few conditions:
The marriage lasted at least 10 years.
You are age 62 or older (or 50 if disabled) to claim on a living ex's record.
You are currently unmarried. Remarrying generally ends eligibility, unless the remarriage happens after age 60 (50 if disabled).
If your ex has not yet claimed benefits, your divorce must have been final for at least two years.
Your ex also needs to be eligible for Social Security, meaning they worked long enough to qualify and are at least 62, or already receiving retirement or disability benefits. You also do not need your ex's permission to apply, and they do not have to be involved. SSA simply reviews their earnings record to calculate your benefit.
Note that divorce agreements cannot waive this right. If the marriage lasted 10 years or more, SSA does not honor clauses that try to block a divorced-spouse claim.
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How divorced-spouse benefits compare to other Social Security benefits
Divorced-spouse benefits are calculated almost the same way as spousal benefits for a current spouse. For benefit purposes, the SSA treats an eligible ex-spouse much like a current one.
If you claim at full retirement age (FRA), the divorced-spouse benefit equals 50% of your ex's Primary Insurance Amount (PIA). If you claim early at 62, that share is reduced to about 32.5%.
As with all spousal claims, SSA pays only the higher of your own benefit or the divorced-spouse benefit. For instance, if your work record produces $1,000 at full retirement age but the divorced-spouse benefit comes to $1,500, SSA pays the higher $1,500 amount.
Survivor benefits follow different rules. If your ex has died, you may qualify as a surviving divorced spouse rather than a retired divorced spouse.
In that case, you can claim as early as age 60, or 50 if disabled. The benefit can also be larger. A surviving divorced spouse may receive about 71% of the deceased worker's benefit at age 60, rising to 100% at full retirement age.
By comparison, divorced-spouse benefits for a living ex never exceed 50% of the worker's amount. The same 10-year marriage rule applies, and remarrying before age 60 generally ends eligibility.
Across both situations, your claim does not reduce anyone else's benefits. Whether your ex is alive or deceased, SSA calculates your payment separately. Your filing does not affect what a current spouse, children, or other survivors receive.
The 2026 benefit amounts and earnings limits
According to the SSA, the maximum retirement benefit at full retirement age in 2026 is $4,152 per month for someone who earned the taxable maximum throughout their career.
A divorced spouse claiming at full retirement age can receive up to half of that amount, or about $2,076 per month.
If you claim at 62, the maximum retiree benefit drops to about $2,969, and the divorced-spouse benefit is reduced as well. At that age, the spousal amount is roughly 32.5% of the worker's benefit, or about $1,350 per month based on the 2026 maximum.
Work income can also affect payments. In 2026, if you claim before full retirement age and earn more than $24,480, Social Security will withhold some benefits. In the year you reach full retirement age, the limit rises to $65,160, and after that, earnings no longer reduce your benefit.
These limits do not change eligibility, but they do affect timing and cash flow. Checking the current numbers before you file can help you avoid surprises.
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Bottom line
If you were married for at least 10 years and are now 62 or older, it's worth checking whether a divorced-spouse benefit applies to you.
Start by reviewing your Social Security statement or contacting the Social Security Administration to compare your own benefit with what you could receive based on an ex's work record. If the divorced-spouse benefit is higher, SSA usually pays that amount.
For some retirees, that added income can mean hundreds more each month and a clearer path to a stress-free retirement.
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Source: “AOL Money”
