Finance · Retirement & Benefits

Social Security After Divorce: The 10-Year Rule That Could Mean More Money for You

By Jennifer Johnson · 7 min read · October 2026
A woman signing paperwork with a ballpoint pen at a table

Were you married for at least 10 years? There may be a Social Security benefit with your name on it that nobody ever mentioned.

When you're rebuilding, retirement can feel very far away.

But one rule from the Social Security Administration (SSA) is worth knowing now, because it can quietly change your retirement math. If your marriage lasted 10 years or longer, you may be able to collect benefits based on your ex's work record. It doesn't take anything from him, and it doesn't require his permission.

Here's how it works, in plain English, straight from SSA's own rules.

Key Takeaways

What the 10-Year Rule Actually Is

Social Security pays "divorced spouse" benefits to former spouses who meet a short list of requirements. According to SSA's publication What Every Woman Should Know, you can receive benefits on your ex-spouse's work if all of this is true:

The 10 years are counted up to the date your divorce became final. That detail matters, and we'll come back to it.

What if your ex hasn't applied yet?

You don't have to wait for him to file. SSA says that if your ex is eligible and 62 or older but hasn't applied, you can still receive benefits on his record if you've been divorced for at least 2 continuous years. SSA calls this being "independently entitled," and the clock starts on the day of the divorce (SSA POMS RS 00202.005).

Eligibility questionCheck if yes
Was the marriage 10+ years, counted to the date the divorce was final?☐
Are you unmarried right now?☐
Are you 62 or older (or will be when you claim)?☐
Is your ex receiving benefits, OR is he 62+ and eligible, with your divorce final for 2+ continuous years?☐
Would the benefit on his record be higher than the one on your own record?☐

Every box checked? Call Social Security.

How Much Could You Get?

The divorced-spouse benefit can be up to half of your ex's benefit at his full retirement age. For anyone born in 1960 or later, full retirement age is 67, per SSA's Retirement Benefits guide.

Two important details:

Divorced-spouse benefit as a share of your ex's full benefit, by the age you claim (full retirement age 67)

Age 62
32.5%
Age 63
35.0%
Age 64
37.5%
Age 65
41.7%
Age 66
45.8%
Age 67
50.0%
Source: calculated from SSA's spouse reduction formula, SSA Benefits for Spouses; age-62 figure confirmed in SSA Retirement Benefits, 2026.

You get the higher amount, not both

This one surprises people. You don't receive your own benefit plus half of his. SSA pays you the highest amount you're eligible for. So if your own record pays more, you'll simply get your own benefit.

That's why this rule matters most for women who stepped back from paid work to raise kids.

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Why This Matters So Much for Women

Women still tend to retire with less.

Average monthly Social Security benefit, retired workers (December 2024)

Men
$2,181
Women
$1,780

And women's money usually has to last longer. SSA estimates that a woman who is 65 today can expect to live to about 87, compared with about 84 for a 65-year-old man (SSA, What Every Woman Should Know). Every benefit you've earned deserves a look.

What It Does NOT Do (Breathe Easy)

Worried about stirring things up with your ex? Here's what SSA and AARP say:

Remarriage, Survivor Benefits and the "After 60" Rule

If you remarry

SSA says that generally, if you remarry, benefits on your former spouse's record stop, and you should report the marriage to avoid an overpayment (SSA blog). If a later marriage ends, ask SSA whether you can become eligible again. If you're weighing a new marriage, this belongs on your list of things to think through before you say yes.

If your ex passes away

Survivor rules are different, and often more generous. According to SSA's Survivors Benefits guide, a surviving divorced spouse can collect:

A surviving spouse at full retirement age generally gets 100% of the worker's basic benefit, and between 71% and 99% if claiming between 60 and full retirement age. Remarrying after age 60 (or 50 with a disability) won't stop survivor payments. And your survivor benefit won't reduce what other survivors, like his widow, receive (with an exception when you're caring for his young child).

Divorce pending near the 10-year mark? Because the 10 years are counted to the date the divorce is final, timing can matter if you're close. This isn't a reason to stay in an unsafe situation, and it isn't legal advice. Simply raise it with your attorney or mediator so it's part of the conversation.

How to Check Your Record and Claim

  1. Open a my Social Security account at ssa.gov/myaccount. Check that every year of your earnings shows up correctly and look at your own benefit estimate.
  2. Make sure your name matches. If you changed your name, update SSA first. Our name-change checklist walks you through it.
  3. Gather your documents. SSA says you'll need your ex's Social Security number when you apply. Your marriage certificate and final divorce decree prove the dates. If you're still collecting paperwork, our divorce document folder helps.
  4. Ask SSA directly. Call 1-800-772-1213 or visit a local office and ask what you'd get on your own record versus your ex's.

Social Security is only one piece. Retirement accounts divided in your divorce are another, and QDROs are explained simply here. For the bigger picture, start with understanding your finances post-divorce.

"For I know the plans I have for you," declares the Lord, "plans to give you hope and a future" (Jeremiah 29:11). Your future deserves a plan, too.

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Frequently Asked Questions

Can I get Social Security from my ex-husband if we were married 9 years?

Not as a divorced spouse; SSA requires 10 years or longer. The exception: survivor benefits while caring for his child who is under 16 or disabled.

Will my ex know if I claim benefits on his record?

According to AARP, SSA will not notify your former spouse. Your claim also doesn't reduce his benefit or his current spouse's benefit.

Can I collect on my ex's record if he remarried?

Yes. His remarriage doesn't affect your eligibility. Your own marital status does: generally, you must be unmarried.

Can I get my own benefit and my ex's benefit at the same time?

No. SSA pays the highest amount you're eligible for, not both added together.

What if my ex hasn't started collecting Social Security?

If he's at least 62 and eligible, you can still claim on his record once your divorce has been final for at least 2 continuous years.

Jennifer Johnson, founder of As She Rebuilds™
Jennifer Johnson is the founder of As She Rebuilds™. She walked through divorce as a mom and built the tools she wished she'd had. Always forward, never backward. Learn more →

This article is for educational purposes only and is not legal, financial or tax advice. Social Security rules can change and depend on your full situation, so confirm your eligibility and benefit amounts directly with the Social Security Administration at ssa.gov or 1-800-772-1213, and talk with a qualified attorney or financial professional about your divorce.