Can I Collect On My Spouse's Social Security Benefits if We Get Divorced?

 Posted on August 24, 2025 in Divorce Over 50

When thinking about getting divorced, couples over the age of 50 usually worry less about child custody and more about financial security. One of the most common questions asked is whether a divorced spouse can still collect Social Security benefits based on the other spouse’s work history. The answer is yes — in many cases, you can.

As of August 2025, federal law continues to allow divorced spouses to claim retirement benefits through the Social Security Administration (SSA) if certain requirements are met. This can be an important lifeline for people facing divorce after decades of marriage.

At Divorce Over 50 - Goostree Law Group, our DuPage County, IL gray divorce attorneys are focused on helping people find creative solutions for divorce later in life. If you feel stuck in an unhappy marriage, talk to our lawyers and let us help you explore your options. 

Who Qualifies for Divorced Spouse Social Security Benefits?

To receive Social Security retirement benefits based on your former spouse’s record, you must meet all of the following criteria:

• Your marriage must have lasted at least 10 years.

• You must be at least 62 years old.

• You cannot be currently married.

• The benefit you would receive on your own work record must be less than what you would receive based on your former spouse’s record.

If these conditions are satisfied, you may qualify to receive up to 50 percent of your ex-spouse’s full retirement benefit. Importantly, this does not reduce the amount your former spouse receives.

Can I Get Social Security Benefits If My Ex-Spouse Has Not Retired Yet?

You do not have to wait for your former spouse to claim benefits to begin collecting on their record. If you have been divorced for at least two years, you may apply for benefits even if your ex has not yet started collecting. This rule allows divorced spouses to move forward independently without waiting for the other to retire.

Can Both Ex-Spouses Collect Social Security Benefits on Each Other’s Records?

Social Security allows each former spouse to claim benefits on the other’s work record, as long as the eligibility rules are met. One spouse’s claim does not affect the other’s benefit, and it does not reduce the amount available to any current spouse if your ex remarries.

How Can Social Security Help Make Later-in-Life Divorce Possible?

Divorce after age 50 can create concerning financial challenges. Retirement savings that were once shared will now need to support two households. For many people, relying on Social Security is an essential part of their retirement plan.

Attorneys who focus on later-in-life divorce understand that the division of retirement accounts, pensions, and Social Security benefits can be just as important as dividing real estate or other assets. Having legal guidance ensures that you do not overlook valuable sources of financial support in the years ahead.

Contact a Naperville, IL Divorce Attorney for People Over 50

If you are considering divorce later in life, financial stability is likely your top concern. Social Security benefits may play an important role in your retirement income, and it is important to know how divorce affects your eligibility. Contact a DuPage County, IL gray divorce lawyer at Divorce Over 50 - Goostree Law Group today by calling 630-634-5050 for a free consultation. Our attorneys have decades of experience helping people over 50 find solutions that protect their long-term financial health.