The short answer
If you are divorced but were married for at least 10 years, you may be able to claim Social Security benefits based on your ex-spouse's earnings record, potentially receiving up to half of their full benefit if that is more than your own. You generally must be unmarried now and at least 62, and if the divorce was more than two years ago, you can claim even if your ex has not yet claimed. Importantly, claiming on an ex's record does not reduce their benefit or affect their current spouse. Many people do not know this option exists.
So a 10-year marriage can entitle you to a divorced-spouse benefit of up to half your ex's full benefit, without affecting their payments.
How it works
You must have been married at least 10 years, be currently unmarried, and be at least 62. Social Security pays your own benefit first, and if the divorced-spouse benefit would be higher, you receive the difference, effectively bringing you up to that amount. Your ex-spouse is unaffected and does not even need to know. Our guide to spousal benefits covers the related benefit for current spouses, and our guide to Medicare and divorce covers a related topic.
The mechanics mirror spousal benefits, topping up your own benefit to the divorced-spouse amount if it is higher.
What to check
Confirm the 10-year marriage duration, your current marital status, and how the benefit compares to your own. Remarrying generally ends eligibility for a divorced-spouse benefit on a former spouse. Survivor rules for a deceased ex-spouse differ and can be more generous. Because the rules are specific, verify with the Social Security Administration. Our retirement income guide covers coordinating benefits.
The takeaway: a 10-year marriage can let you claim up to half an ex-spouse's benefit if higher than your own, without affecting them — check the rules with Social Security.
Frequently Asked Questions
Can I claim Social Security on my ex-spouse's record?
If you were married at least 10 years, are currently unmarried, and are at least 62, you may claim up to half of your ex's full benefit if that is more than your own. It does not reduce their benefit.
Does claiming on my ex's record affect them?
No. Claiming a divorced-spouse benefit does not reduce your ex-spouse's benefit or affect their current spouse, and your ex does not need to be notified.
Does remarrying affect divorced-spouse benefits?
Generally yes. Remarrying usually ends eligibility for a divorced-spouse benefit on a former spouse's record. Survivor rules for a deceased ex differ.
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