Can I Get Social Security Benefits from My Ex-Spouse Even If It’s Not in My Divorce Decree?

Second Saturday Team

Finances

Here’s some good news about your divorce. If you were married to your ex-spouse for ten years before your divorce became final, you are entitled to Social Security benefits based on your spouse’s earnings by operation of federal law.

That means it doesn’t have to be addressed in your divorce papers to be effective. Those benefits are called “derivative benefits,” and they equal one-half of your ex-spouse’s benefits. You may apply to the Social Security Administration for derivative benefits on your ex’s earnings record if you:

  • Both you and your ex-spouse are at least 62 years old
  • Aren’t remarried
  • Would receive less Social Security without the derivative benefits on your own

Don’t worry if your ex threatens to keep working in order to thwart your ability to claim benefits against their record. These are empty threats. It isn’t necessary for your ex-spouse to retire for you to begin collecting.

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