If you are divorced, you may collect Social Security benefits on your ex-spouse’s record provided you meet certain qualifications.
- You are at least 62
- You are unmarried
- You were married to your ex-spouse for at least 10 years
- Your ex-spouse qualifies for Social Security retirement or disability benefits.
You do not have to meet the 10-year marriage requirement if you are the caretaker of a child that under 16 or a disabled child who receives benefits on your ex-spouse’s record.
If you have been divorced for at least two years, you may collect benefits even if your ex-spouse has not yet applied for benefits. If you are at retirement age and qualify for both yours and your ex-spouse’s benefits, you can opt to receive your spouse’s benefits now and receive yours later on. If you delay receiving your own benefits, your benefit will be larger when you do receive them.
You cannot collect Social Security benefits on your ex-spouse’s record if you remarry, unless your new marriage ends by annulment, divorce or death.
Survivors Benefits
Should your ex-spouse die, you may be entitled to survivors benefits on his record if you were married for at least 10 years and do not remarry before age 60. You cannot collect these benefits if you remarry before age 60 unless your new marriage ends. Your elder law attorney can provide more information on Social Security benefits for divorced and surviving ex-spouses. You can find more information at the Social Security Administration’s website at www.ssa.gov.
