Social Security Rules to Know If You're Divorced

Social Security benefits will likely account for a substantial amount of your retirement income, so you'll want to get the maximum benefit possible. Sometimes, this means claiming benefits on the work history of a spouse, instead of on your own record.

Claiming benefits on your spouse's work history sometimes make sense even if you're no longer married. If you're divorced, it's important to understand when and how you can claim benefits on your ex's record so you can maximize your Social Security income.

Social Security card sitting on top of money
Social Security card sitting on top of money

Image source: Getty Images.

Are you eligible to claim benefits on your ex-spouse's work record after a divorce?

If you think you may be able to obtain more money from Social Security by claiming on your ex's work record, you'll first need to determine whether you're actually eligible to do that.

You can claim benefits on your ex-spouse's work history as long as you were married for at least 10 years, and aren't remarried to someone else. You also must be at least 62 or older when you claim benefits, unless your ex is deceased and you meet the qualifications for survivor's benefits.

In addition to these basic requirements, your ex-spouse must also be eligible to receive Social Security, and your spousal benefit must be higher than the benefit you'd receive if you claimed under your own work record.

Can you claim benefits on your ex's work record before your ex is retired?

There's another key factor to consider when determining if you're eligible to claim Social Security benefits based on an ex-spouse's work record: whether your ex is retired or not.

If you divorced less than two years from the time you hope to claim spousal benefits, you'll have to wait until your ex claims his or her own benefits before getting benefits on his or her record. This same rule applies to couples who are still married -- it's generally not allowed to claim spousal benefits unless your spouse is receiving benefits, too.

However, if you divorced more than two years ago, you'll be able to claim your spousal benefits regardless of what your ex is doing.

Can you claim benefits on your ex's record and delay claiming your own benefits?

Waiting to claim Social Security benefits has some big advantages, as you can increase your monthly income by doing so. As a result, it'd be ideal if you could claim Social Security based on your ex's work record when you first leave the workforce and delay claiming your own benefits until you've reached full retirement age or later.