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Social Security Divorced Spouse Benefits: The 10-Year Rule

If your marriage lasted at least 10 years, you may be able to claim a benefit based on your ex-spouse's record, without affecting them or their new spouse.

Last reviewed October 30, 2026 · Figures from SSA.gov and CMS.gov

10 yearsMinimum length of marriage
50%Maximum share of ex's full benefit
62Earliest age to claim
2 yearsDivorced, to claim if ex has not filed

Who qualifies

How much you can get

If you claim atShare of ex-spouse's full benefit (FRA 67)
6232.5%
6437.5%
67 (your full retirement age)50%
After 6750%. Waiting adds nothing for a spousal-type benefit

Social Security pays the higher of your own benefit or the divorced spouse benefit, not both added together.

If your ex has not filed yet

Normally a spouse must wait until their partner files. For divorced spouses there is an exception: if you have been divorced for at least 2 years and your ex is at least 62 and eligible, you can claim even if they have not applied.

Does it affect your ex?

No. Claiming does not reduce your ex-spouse's benefit or any current spouse's benefit. Each person is paid separately from the same earnings record.

When your ex dies

You may qualify for a divorced survivor benefit if the marriage lasted 10+ years. You can claim as early as 60 (50 if disabled), and remarriage at 60 or later does not end this benefit. See survivor benefits.

What to bring when you apply

Your marriage and divorce documents, your ex-spouse's Social Security number (or as much information as you have), and your own earnings information. Apply through SSA at 1-800-772-1213 or at ssa.gov. See how to apply.

Government pension offset (GPO) no longer reduces spousal and survivor benefits after the Social Security Fairness Act. See WEP and GPO repeal.

Related guides

Official sources