Can a divorced spouse claim benefits if their ex has not started collecting yet?

✓ Accepted answer

Yes, a divorced spouse can claim benefits on an ex-spouse’s record even if the ex has not yet started collecting, provided both parties are at least 62 and the couple has been divorced for at least two years. Under Social Security Administration rules, you are not required to wait for your ex to file to access spousal benefits tied to their work history.

• Minimum Age Requirement: You must be at least 62 years old to begin receiving spousal benefits on an ex-spouse’s record. If you claim before your full retirement age, your monthly payment will be permanently reduced.
• The Two-Year Rule: Your marriage must have lasted at least 10 years, and you must have been divorced for a minimum of two years to qualify. This provision ensures that the benefit is based on a long-term marriage rather than a short-term union.
• Benefit Calculation: You are eligible to receive up to 50 percent of your ex-spouse’s full retirement age benefit, but only if that amount is greater than the benefit you would receive on your own work record. If your own benefit is higher, you will receive your own amount instead.
• Independence of Filing: Your ex-spouse does not need to be currently receiving benefits or have filed for benefits for you to apply. However, they must have filed for retirement or disability benefits for your payment to actually begin being processed. Your ex’s claim will not be affected by your application.
• Remarriage Restrictions: If you remarry and are currently married, you generally cannot claim benefits on your ex-spouse’s record. However, if your new spouse dies or if you divorce again, you may potentially regain eligibility on the ex-spouse’s record if you meet the other criteria.

admin · 2026-10-12 16:58:48