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Spousal & Divorced Benefits

Divorced Spouse Social Security Benefits Eligibility Criteria

Verified against SSA POMS as of July 29, 2026

The short answer

To qualify for **divorced spouse benefits** on an ex-spouse's Social Security record, you must be 62 or older and not currently married. Your ex-spouse must be entitled to retirement or disability insurance benefits, and you cannot be entitled to a retirement or disability benefit based on your own record at your full retirement age that is equal to or greater than one-half of your ex-spouse's PIA (full retirement age benefit). Additionally, you must have been married to your ex-spouse for at least 10 years before the divorce was final. If your ex-spouse is not yet receiving benefits but is 62 or older and fully insured, you must have been divorced for at least two continuous years to independently qualify. See HBK 0311.

Basic Eligibility Criteria for Divorced Spouse Benefits

According to the Social Security Administration, a divorced spouse is eligible for benefits on the former spouse's Social Security record if the following conditions are met: 1. The former spouse is entitled to retirement or disability benefits. 2. The applicant is 62 years or older. 3. The applicant is not currently married. 4. The marriage to the former spouse lasted at least 10 years before divorce. 5. The applicant's own Primary Insurance Amount (PIA) or disability benefit is less than one-half of the former spouse's PIA (full retirement age or disability benefit). These conditions are outlined in HBK 0311.

Source
HBK 0311 View source ›

Independently Entitled Divorced Spouse

A divorced spouse can independently become entitled to benefits if their ex-spouse has reached the age of 62 and is fully insured, provided they meet the eligibility criteria from (B) to (F) in the handbook. The divorced spouse must have been divorced from the worker for at least two continuous years. See HBK 0311.

Source
HBK 0311 View source ›

Impact of Own Benefits

Eligibility for divorced spouse benefits necessitates that your own retirement or disability primary insurance amount does not equal or exceed one-half of your ex-spouse's primary insurance amount. Therefore, if your benefit from your own record is higher, it takes precedence over the divorced spouse benefit. Refer to HBK 0311 for detailed rules.

Source
HBK 0311 View source ›

Frequently asked

How do I qualify for Social Security benefits from my ex-spouse?

You must be at least 62 years old, not currently married, and have been married to your ex-spouse for at least 10 years. Your ex-spouse must be entitled to Social Security benefits, and your full retirement age benefit must be less than half of theirs.

Can I receive Social Security benefits on my ex-spouse's record if they haven't claimed yet?

Yes, if your ex-spouse is at least 62, fully insured, and you've been divorced for at least two consecutive years, you may qualify.

Will my own Social Security benefits affect my divorced spouse benefits?

Yes, if your own full retirement age benefit is equal to or exceeds half of your ex-spouse's full retirement age benefit, you will not receive additional benefits from their record.

Is there a duration requirement for my marriage to qualify for benefits on my ex-spouse's record?

Yes, you must have been married to your ex-spouse for at least 10 years before the divorce was finalized.

What if my ex-spouse has remarried?

Your eligibility for benefits on their record is unaffected by their remarriage. Your benefits depend on your own marital status and eligibility.

Reviewed by: Jim Blair.  ·  Source data last verified: July 29, 2026, against the live SSA POMS.  ·  This page is part of the ARPI Knowledge Base and is reviewed on a quarterly cycle for accuracy against current SSA guidance.
The Advanced Retirement Planning Institute (ARPI) Knowledge Base provides authoritative educational reference material based on SSA POMS, CFR Title 20, the SSA Handbook, CMS regulations, and Medicare.gov guidance. Not individualized legal, financial, or benefits advice — verify current rules with the Social Security Administration or Medicare.gov before making filing decisions.