Divorce and Social Security Benefits

If you get divorced, you still can receive your former spouse’s social security benefits. However, the following conditions apply:

  1. Your marriage must have lasted at least 10 years;
  2. You must presently be unmarried (if you remarry but the second spouse dies, you are still eligible to collect from the first spouse);
  3. You must be at least 62 years old;
  4. The benefits you are entitled to through your work history are less than the benefits you are entitled to from your former spouse.
  5. It is important to note that the amount you receive does not impact the amount of social security paid to your ex-spouse.

Even if your ex-spouses passes away, you can still collect their benefits provided that:

  1. Your marriage lasted 10 years;
  2. You are 62 (or 50 if disabled);
  3. Your ex-spouse was eligible for social security benefits;

The benefits you are entitled to through your work history are less than the benefits you are entitled to from your former spouse.