Divorce & Social Security: Claiming Spousal Or Survivor Benefits After Divorce (10-Year Marriage Rule)

If you’re divorced, Social Security may still pay you benefits on an ex-spouse’s record—either as a divorced spousal benefit while your ex is alive or as a divorced survivor benefit if your ex has died.

The centerpiece is the 10-year marriage rule: you generally must have been married at least 10 years immediately before the divorce became final.

Other core rules govern age, remarriage, and amounts—and there are 2025 updates you should know.

The 10-Year Marriage Rule—Who Qualifies?

You can receive divorced spousal benefits if:

• You were married to your ex for 10 years or more immediately before the divorce,
• You’re age 62+,
• You’re currently unmarried, and
• Your own benefit is less than what you’d receive on your ex-spouse’s record.

There’s also a special two-year rule: if your ex hasn’t filed for benefits, you can still claim on their record once you’ve been divorced at least two years—as long as both of you are at least 62 (“independently entitled divorced spouse”).

How Much Are Divorced Spousal Benefits?

At full retirement age (FRA), a divorced spousal benefit can be up to 50% of your ex-spouse’s Primary Insurance Amount (PIA). Claiming before FRA reduces that percentage permanently. (If you’re caring for a qualifying child, different rules can apply.)

Key term: PIA is the monthly benefit your ex would receive at FRA, based on their covered earnings history.

What If My Ex Hasn’t Filed Yet?

Under the two-year rule, you can claim as an independently entitled divorced spouse when both of you are 62+, even if your ex hasn’t filed.

If your ex has filed and suspended their own benefit, divorced spousal benefits can continue; this exception was preserved when “file-and-suspend” was curtailed in 2016.

Deemed Filing & The Old “Restricted Application” Strategy

For anyone who turned 62 on or after January 2, 2016, deemed filing applies: when you file for either your own retirement benefit or a spousal benefit, you’re treated as filing for both, and you’ll get the higher of the two—you cannot take one while letting the other grow.

People who turned 62 before that date (born before Jan 2, 1954) may still have the legacy option to file a restricted application at FRA. Deemed filing does not apply to survivor benefits.

Divorced Survivor Benefits (Ex Has Died)

If your ex-spouse has died, you may qualify as a surviving divorced spouse if the marriage lasted at least 10 years.

You can claim as early as age 60 (50 if disabled), with reduced payments if claimed before survivor FRA; at survivor FRA you can receive up to 100% of your late ex-spouse’s benefit (including any delayed retirement credits they earned).

If you’re caring for the deceased worker’s child who’s under 16 or disabled, benefits can start at any age.

Survivor FRA is similar—but not always identical—to retirement FRA; the maximum survivor amount is reached at the survivor FRA.

Remarriage Rules (Spousal vs. Survivor)

• Divorced spousal benefits (while ex is alive): You must be unmarried to collect. If you remarry, you generally lose eligibility on that ex’s record (until that later marriage ends).
• Divorced survivor benefits (ex has died): Remarriage after age 60 (50 if disabled) does not bar eligibility; remarriage before those ages usually does.

Do My Benefits Reduce Anyone Else’s? (Family Maximum & Multiple Exes)

Benefits paid to a divorced spouse or surviving divorced spouse do not reduce the worker’s own benefit, a current spouse’s benefit, or benefits to other family members; and multiple ex-spouses who each meet the rules can each be paid on the same worker’s record.

Divorced spousal/survivor benefits are not counted against the family maximum reduction.

2025 Updates That Matter

Earnings Test Limits (Working While You Claim)

If you work before FRA, Social Security may withhold some benefits:

• 2025 under-FRA limit: $23,400—SSA withholds $1 for every $2 above this amount.
• 2025 limit in the year you reach FRA: $62,160—SSA withholds $1 for every $3 above this amount, only for months before you hit FRA.
• After FRA: no earnings limit.

COLA 2025

Monthly Social Security payments received a 2.5% COLA (cost-of-living adjustment) for 2025. That COLA applies to your own, spousal, and survivor benefits alike.

New Law: Social Security Fairness Act (SSFA) Repealed WEP & GPO

In January 2025, the Social Security Fairness Act became law, ending the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO).

WEP previously reduced your own worker benefit for those with certain non-covered pensions; GPO reduced spousal/survivor benefits (including divorced spousal/survivor) by two-thirds of a non-covered government pension.

SSA began adjusting payments on February 25, 2025 and completed over 3.1 million retroactive payments by July 7, 2025.

If you were previously affected by WEP/GPO, your divorced spousal or survivor benefit may now be higher. Other Social Security rules (FRA, reductions for early claiming, earnings test) still apply.

Step-by-Step: How to Claim After Divorce

• Confirm eligibility under the 10-year rule, age, and marital-status requirements; note the two-year rule if your ex hasn’t filed.
• Choose timing strategically:
  • Divorced spousal benefits max at 50% of PIA at your FRA; early claims permanently reduce the amount.
  • Divorced survivor benefits can start at 60 (or 50 if disabled) with reductions; up to 100% at survivor FRA.
• Mind deemed filing (most people today can’t take a spousal-only benefit first). Survivor benefits are exempt from deemed filing, which lets some survivors switch later to their own higher benefit at age 70.
• If working, check the 2025 earnings test so you’re not surprised by temporary withholdings.
• Apply online, by phone, or in person. Have ID and marital documents (marriage certificate, divorce decree); SSA can process even if you don’t have every detail of your ex’s record. (Filing channels and documentation follow standard SSA practices.)

Quick-Compare: Divorced Spousal vs. Divorced Survivor Benefits (2025)

Feature	Divorced Spousal Benefit (ex is alive)	Divorced Survivor Benefit (ex has died)
Core eligibility	Married ≥ 10 years, 62+, unmarried, and your spousal amount exceeds your own benefit.	Married ≥ 10 years before divorce; generally age 60+ (or 50+ if disabled) or any age if caring for deceased’s child under 16 or disabled.
10-year rule	Required.	Required (for surviving divorced spouse benefits).
Two-year rule (ex hasn’t filed)	You may claim after 2 years of being divorced if both are 62+ (ex need not be receiving benefits).	Not applicable.
Max amount at FRA	Up to 50% of ex’s PIA.	Up to 100% of deceased ex’s benefit (incl. delayed retirement credits).
Earliest claim age	62 (reduced permanently if before your FRA).	60 (or 50 if disabled); any age if caring for qualifying child.
Remarriage effect	Remarriage generally ends eligibility (unless later marriage ends).	Remarriage after 60 (50 if disabled) does not bar eligibility.
Deemed filing	Applies (for those who turned 62 on/after Jan 2, 2016).	Does not apply—you may take survivor first, then switch to your own later.
Impact on others	No reduction to worker/current spouse/other family; not counted toward family maximum.	No reduction to other survivors on the record; divorced survivor benefits don’t reduce others.
If ex files & suspends	Divorced spousal benefit can continue despite the suspension.	N/A

Authority & 2025 references: eligibility & 10-year/two-year rules; spousal 50% cap; survivor 71.5%–100% scaling and child-in-care; remarriage ages; deemed filing & suspension exception; family-maximum exemptions.

2025 Numbers & Notes (at a glance)

• Earnings test thresholds (2025): $23,400 (under FRA) and $62,160 (year of FRA), with $1-for-$2 and $1-for-$3 withholdings, respectively; no limit after FRA.
• COLA 2025: +2.5% to monthly Social Security payments.
• SSFA (2025): Repeal of WEP & GPO—SSA began adjustments Feb 25, 2025; over 3.1 million retroactive payments completed by July 7, 2025. If you had a non-covered government pension, your divorced spousal/survivor amounts may be higher now.

Practical Tips to Maximize Your Outcome

• Compare pathways: If you qualify for both your own and divorced spousal/survivor benefits, understand which pays more at different ages. Survivor benefits can be taken first and switched later to your own at 70 (deemed filing doesn’t apply to survivors).
• Wait for more, if feasible: Spousal benefits do not grow past your FRA, but your own retirement benefit continues to grow (delayed credits) until 70—important if you plan to switch later (survivor path).
• Mind earnings if working: Crossing the 2025 limits can temporarily withhold checks, though amounts are recalculated at FRA.
• Multiple exes: If you have more than one 10-year marriage, Social Security pays based on the record that yields the higher benefit—and it doesn’t reduce payments to your ex or their current family.

The 10-year marriage rule opens valuable Social Security options after divorce. If your ex is alive, a divorced spousal benefit can pay up to 50% of their PIA (reduced if you claim early).

If your ex has died, divorced survivor benefits can pay up to 100% at survivor FRA, with the ability to claim as early as 60 (or 50 if disabled) and special rules if you’re caring for a child.

In 2025, keep three things front-of-mind: the earnings test thresholds, the 2.5% COLA, and—most notably—the repeal of WEP/GPO under the Social Security Fairness Act, which may raise divorced spousal and survivor benefits for millions formerly affected by those offsets. Mastering these eligibility, amount, timing, and remarriage rules can help you maximize lifetime Social Security income after divorce.

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