Spousal & Divorced Benefits
Understanding Social Security Claiming Strategies for Divorced Couples
Verified against SSA POMS as of September 10, 2026
The short answer
Claiming strategies for divorced couples in Social Security depend on eligibility criteria such as a minimum of 10 years of marriage and finalized divorce status. Divorced spouses can claim benefits if they are 62 or older and meet certain conditions, including not being remarried unless certain exceptions apply.
Eligibility for Divorced Spouse Benefits
According to RS 00202.005, a divorced spouse must have been married to the number holder (NH) for at least 10 years before the divorce became final. After the divorce, the claimant must be at least age 62, and not married, unless exceptions apply.
RS 00202.005 View source ›Filing for Benefits
A claimant must file an application for benefits and cannot receive retirement or disability benefits that equal or exceed one-half of the NH's primary insurance amount. The claimant must also be at least 62 years old to qualify for benefits.
RS 00202.005 View source ›Independent Entitlement for Divorced Spouses
An independently entitled divorced spouse can claim benefits if they have been divorced for at least two continuous years. The NH must be at least 62, but does not need to have filed for benefits. This allows for independence in filing without the NH's actions.
RS 00202.005 View source ›Verification of Marriage and Divorce
Proof of marriage and divorce must be supplied if there is doubt concerning any claims regarding the marital relationship. Verification should include clear documentation, such as divorce decrees, to confirm the timeline and validity of the marriage and divorce.
RS 00202.070 View source ›Frequently asked
How long do I need to be married to claim divorced spouse benefits?
You must have been married for at least 10 years before the divorce to claim divorced spouse benefits.
Can I receive Social Security benefits from my ex-spouse if I'm remarried?
You generally cannot receive benefits if you are remarried, with exceptions under specific circumstances.
What documentation do I need to claim divorced spouse benefits?
You need proof of marriage and divorce, such as a marriage certificate and divorce decree.
Do I have to wait for my ex-spouse to claim their benefits before I can claim mine?
No, you can claim your benefits independently if you have been divorced for at least two years and meet all other criteria.