Divorced? These Social Security rules could boost your retirement income big time

If you are going through a divorce, you are already dealing with emotional stress and money decisions. You have to split assets and plan a new life. Divorce also changes your retirement planning. You don’t have your ex’s savings anymore, but you might still get Social Security benefits using their work record. You can qualify for your own Social Security retirement benefit if you worked long enough. You need 40 credits from your earnings.

In 2026, one credit equals $1,890 in earnings, and you can earn up to four credits each year. Married people can claim a spousal benefit worth up to half of their partner’s benefit at full retirement age (around 67), as stated by USA Today. Divorced people can also claim a spousal benefit using their ex’s work record — but only if certain rules are met.

10 year marriage rule

First rule: you must have been married for at least 10 years before the divorce. Shorter marriages don’t qualify.

Remarriage benefits rule

Second rule: if you remarried, you usually cannot claim benefits from your ex. You would claim from your new partner instead. If your ex remarried but you stayed single, it does not affect you, as stated by USA Today. Both you and the new spouse can claim on the same work record.

Married people must wait until their spouse files for Social Security before claiming a spousal benefit. But divorced people don’t have to wait — they can claim even if the ex hasn’t filed, as long as the divorce happened at least two years ago.

Higher benefit only

If you qualify for both your own retirement benefit and an ex-spousal benefit, you will only get the higher amount. The Social Security Administration automatically checks and gives you the bigger payment, as noted by USA Today. Your own benefit may be higher if you and your ex earned similar salaries. But if your ex earned much more than you, the spousal benefit could give you a bigger monthly check. The exact amount depends on your ex’s earnings history and when you apply.

Documents needed to apply

Delaying your claim increases your monthly payment slightly until you reach full retirement age. Spousal benefits stop growing after full retirement age, unlike retirement benefits that grow until age 70. When you’re ready to apply, you just need to decide when to claim and prepare your documents. You’ll need personal details like your name, birthdate, and Social Security number. You’ll also need your W-2 or other tax forms from the previous year.

If claiming on an ex’s record, you must provide marriage and divorce certificates. You can request these documents from the state where you got married and divorced, as stated by USA Today. If you cannot find the information, the Social Security Administration may help locate it. Even after divorce, these rules can help boost your retirement income — so it’s worth checking your eligibility.

FAQs

Q1. Can I get Social Security from my ex after divorce?

Yes, if you were married at least 10 years and are still single, you may claim benefits on your ex’s work record.

Q2. Will I get both my benefit and my ex-spouse benefit?

No, you only receive the higher amount between your own retirement benefit and the ex-spousal benefit.