For the Divorced: The “Ex-Files” Strategy
If you are divorced, you might assume your connection to your ex-spouse’s finances is severed. When it comes to Social Security, that’s not the case. You may be able to claim benefits on your ex-spouse’s record—even if they have remarried—provided you meet specific criteria.
This is one of the most underutilized benefits in the system because many people simply don’t know it exists.
The Eligibility Checklist
To qualify for divorced spouse benefits, you must meet all of the following:
- Your marriage lasted 10 years or longer.
- You are currently unmarried. (If you remarry, you generally lose access to benefits on your ex’s record unless that subsequent marriage ends).
- You are age 62 or older.
- Your ex-spouse is entitled to Social Security retirement or disability benefits.
- The benefit you would receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
The “Independence” Loophole: Unlike married couples, where the primary earner must file for benefits before the spouse can claim, divorced spouses have more freedom. If you have been divorced for at least two years, you can claim benefits on your ex’s record even if they haven’t retired yet, as long as they are eligible (age 62+).
Crucial Note: Your claim has zero impact on your ex-spouse. They will not be notified, their benefits will not be reduced, and it does not affect the benefits of their current spouse if they have remarried.
