The former spouse of an employee who is getting retirement or disability benefits is entitled to a benefit on the ex-spouse’s record if he or she is at least 62 years old and they had been married for at least ten years before the divorce. Know the rules about social security and divorce.
A spouse divorced for at least two years can receive a divorced spouse’s benefit at age 62 if their former spouse is eligible for retirement benefits, whether or not the benefits have been claimed by the former spouse. As long as the ex-spouse is eligible for benefits, he or she can collect regardless of whether the ex-spouse has retired. Prior to 1985, a divorced spouse could receive benefits only if their ex-spouse had actually applied for and begun receiving benefits.