What a Divorced Spouse Can Receive

A divorced spouse can receive spousal benefits based on your Social Security record, but not your SSDI (Social Security Disability Insurance) itself. The distinction matters: SSDI is a disability benefit tied to your work history. Spousal benefits are a separate payment based on the fact that you are receiving benefits—whether those are SSDI, retirement, or survivor benefits.

If you are receiving SSDI, your ex-spouse may be able to collect a spousal benefit on your record. The amount they receive does not reduce your SSDI payment. However, the rules are strict about who qualifies, how long you must have been married, and when they can start collecting.

Key Takeaways

  • A divorced spouse can receive a spousal benefit based on your SSDI record if you were married for at least 10 years and they are at least 62 years old, or any age if they are caring for your child under 16.
  • The spousal benefit is a separate payment and does not reduce your SSDI amount.
  • Your ex-spouse must be unmarried at the time they claim, though they can remarry after benefits begin without losing them.
  • If your ex-spouse remarries before age 60, they lose the right to claim on your record permanently.
  • You do not need to be in contact with your ex-spouse or give permission for them to claim; Social Security handles the process independently.

The 10-Year Marriage Rule

The marriage must have lasted at least 10 years for a divorced spouse to claim spousal benefits on your record. Social Security counts the years from the date you married to the date the divorce was final. If you were married for 9 years and 11 months, your ex-spouse cannot claim.

This rule applies regardless of how long ago the divorce happened. A marriage that ended 20 years ago still counts if it lasted 10 years. There is no time limit on how long after the divorce your ex-spouse can wait to claim, as long as they meet the other rules.

Age and Caregiving Requirements

Your ex-spouse can claim a spousal benefit at age 62 or older. If they claim before their full retirement age (which varies by birth year, typically 66 to 67), the payment is reduced. The younger they are when they claim, the smaller the monthly amount.

There is one exception: a divorced spouse of any age can claim if they are caring for your biological child who is under 16 and receiving benefits on your record. This is called a "caregiver benefit." The child must be your biological child, not a stepchild or adopted child (unless adopted before age 16). Once the child turns 16, the caregiver benefit ends, and the ex-spouse must wait until 62 to claim again.

Remarriage and Loss of Benefits

A divorced spouse must be unmarried when they first claim spousal benefits. If they remarry before age 60, they permanently lose the right to claim on your record. After age 60, remarriage does not affect their ability to claim or their benefit amount once they have already started receiving it.

If your ex-spouse remarries after they have already begun collecting spousal benefits, the payments continue. The remarriage rule is strict only at the point of claiming. This creates a practical important date: if your ex-spouse is approaching age 60 and considering claiming, remarriage before that birthday will end the option forever.

How the Spousal Benefit Amount Is Calculated

The spousal benefit is typically 32.5% of your Primary Insurance Amount (PIA)—the base amount Social Security uses to calculate your SSDI payment. If your ex-spouse waits until their full retirement age to claim, they receive the full 32.5%. If they claim at 62, the amount is reduced, usually to around 32% or less depending on their birth year.

The spousal benefit is capped at a maximum, which is typically 50% of your PIA if claimed at full retirement age. However, the actual payment your ex-spouse receives depends on their own earnings record. Social Security calculates both their own retirement benefit (based on their work history) and the spousal benefit, then pays whichever is higher, plus any excess spousal amount.

Your SSDI payment is not affected by your ex-spouse's claim. You continue to receive your full SSDI amount regardless of whether they claim or how much they receive.

How Your Ex-Spouse Claims

Your ex-spouse does not need your permission or involvement to claim. They contact Social Security directly by phone at 1-800-772-1213, online at ssa.gov, or in person at a local Social Security office. They will need to provide proof of the marriage (divorce decree or marriage certificate), proof of the divorce (final divorce decree), and their own birth certificate and identification.

Social Security verifies the marriage length and divorce status independently. Your ex-spouse should be prepared to provide your Social Security number so Social Security can locate your record. The process typically takes several weeks. Your ex-spouse can ask about the status of their claim by contacting Social Security directly.

What Happens If You Remarry or Your Circumstances Change

If you remarry after your divorce, your ex-spouse's right to claim spousal benefits on your record is not affected. Your new spouse has separate spousal benefit rights based on your record, and both can claim if they meet the requirements.

If you stop receiving SSDI—for example, because you return to work and your benefits are suspended—your ex-spouse's spousal benefit also stops. If your SSDI is reinstated later, their spousal benefit can resume. If you die while receiving SSDI, your ex-spouse may be able to claim survivor benefits instead, which have different rules and amounts.

Frequently Asked Questions

Can my ex-spouse claim if we were married less than 10 years?

No. Social Security requires exactly 10 years of marriage. If you were married for 9 years and 11 months, your ex-spouse cannot claim spousal benefits on your record. They can only claim on their own work history.

Will my ex-spouse's claim reduce my SSDI payment?

No. Your SSDI payment remains the same whether your ex-spouse claims or not. Spousal benefits are a separate payment funded from the same Social Security trust fund, but they do not reduce your individual benefit.

What if my ex-spouse remarries after they start receiving benefits?

If they remarry after age 60 and after they have already begun collecting spousal benefits, the payments continue. Remarriage only ends the benefit if it happens before age 60 and before they have claimed.

Can my ex-spouse claim if they are caring for my child but are under 62?

Yes. The caregiver exception allows a divorced spouse of any age to claim if they are caring for your biological child under 16 who is receiving benefits on your record. Once the child turns 16, the caregiver benefit ends.

What documents does my ex-spouse need to claim?

They need the final divorce decree, a birth certificate, a photo ID, and your Social Security number. Social Security verifies the marriage and divorce independently, so your ex-spouse does not need you to provide anything or sign anything.