Spousal & Divorced Benefits
Understanding the 10-Year and 2-Year Rules for Divorced Spouse Benefits
Verified against SSA POMS as of September 6, 2026
The short answer
A divorced spouse may qualify for Social Security benefits based on a former spouse's earnings record if the marriage lasted at least 10 years immediately before the divorce became final and other eligibility requirements are met. If the divorce has lasted at least 2 continuous years, the former spouse may qualify independently even if the worker has not yet filed for Social Security, provided the worker is at least age 62 and fully insured.
RS 00202.005
10-Year Marriage Requirement
To qualify for benefits as a divorced spouse, one must have been married to the insured individual for at least 10 years immediately before the divorce became final. This requirement is explicitly stated in RS 00202.005 and also in 20 CFR 404.331.
RS 00202.005 View source ›The 2-Year Independent Entitlement Rule
If the former spouse has not claimed Social Security retirement benefits, a divorced spouse may still qualify after the couple has been divorced for at least 2 continuous years. This is known as independent entitlement.
The former spouse must be at least age 62 and eligible for retirement benefits, and the divorced spouse must meet all other eligibility requirements.
If the divorce has lasted less than 2 years, the former spouse must have already filed for Social Security retirement or disability benefits before the divorced spouse can receive benefits on that record.
RS 00202.005 View source ›Other Eligibility Requirements
In addition to meeting the 10-year marriage requirement, the divorced spouse generally must:
- Be at least age 62;
- Be unmarried; and
- Not be entitled to a retirement or disability benefit based on their own record with a PIA equal to or greater than one-half of the former spouse's PIA.
The divorced spouse must also file an application for benefits.
RS 00202.005 View source ›Divorced-Spouse Benefit Amount
The maximum divorced-spouse benefit is generally 50% of the former spouse's PIA when the divorced spouse claims at their own full retirement age.
If the divorced spouse claims before full retirement age, the benefit is permanently reduced for early claiming.
The calculation is based on the former spouse's PIA, not necessarily the amount the former spouse actually receives. Therefore, the former spouse's early filing or delayed retirement credits do not change the PIA used to determine the maximum divorced-spouse benefit.
A divorced-spouse benefit also does not reduce the former spouse's benefit or benefits payable to a current spouse or other eligible family members.
RS 00202.020Frequently asked
Does my former spouse have to claim Social Security before I can receive divorced-spouse benefits?
Not always. If you have been divorced for at least 2 continuous years, you may qualify for divorced-spouse benefits even if your former spouse has not claimed, provided your former spouse is at least age 62 and eligible for retirement benefits and you meet the other requirements. If you have been divorced for less than 2 years, your former spouse must have already filed for retirement or disability benefits.
What happens if I divorce and later remarry the same person?
Periods of marriage may sometimes be combined when determining whether the 10-year marriage requirement has been met. If you divorce and then remarry the same person no later than the calendar year immediately following the calendar year of the divorce, SSA can treat the periods of marriage as continuous for purposes of the 10-year requirement.
Does receiving a divorced-spouse benefit reduce my former spouse's Social Security benefit?
No. A divorced-spouse benefit does not reduce the former spouse's Social Security benefit or the benefits payable to the former spouse's current spouse or other eligible family members.
Can I receive 50% of my former spouse's PIA in addition to my own retirement benefit?
No. If you qualify for benefits on both your own record and your former spouse's record, Social Security pays your own retirement benefit first. If 50% of your former spouse's PIA is greater than your own PIA, an additional divorced-spouse amount may be payable so that, at full retirement age, the combined benefit can equal up to 50% of your former spouse's PIA. Benefits claimed before FRA are subject to applicable early-filing reductions.