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It can be confusing to navigate the many options when it comes to claiming Social Security benefits, especially given the complexities of family law and the divorce process. What if I don’t know when I should take Social Security? Do I need to worry about the Social Security trust fund being there when I need it? How do I know how much money I need for retirement? You may have lots of questions. But if you are a divorced individual, it’s also important to know that you may be eligible to collect Social Security benefits based on your ex-spouse’s work record (even if he or she has remarried) if:

• Your marriage lasted 10 years or longer, a key requirement under Social Security rules for divorced spouse benefits
• You are age 62 or older, which is the minimum age to claim Social Security retirement benefits
• You are unmarried, meaning you have not remarried since your divorce; however, if you did remarry and that marriage ended, you may still be eligible
• The benefit that you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work, making it advantageous to claim the higher spousal benefit
• Your ex-spouse is entitled to Social Security retirement or disability benefits, which could include Social Security Disability Insurance or Supplemental Security Income

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When Can A Spouse Claim Spousal Benefits?

Regardless of whether your ex-spouse has applied for retirement benefits or not, if they qualify for them, you can receive benefits on their Social Security record if you have been divorced for at least two continuous years. This means that even if your ex-spouse is delaying their own benefits to increase their monthly benefit amount, you can still claim based on their work record.

If you are eligible for retirement benefits on your own record, the Social Security Administration (SSA) will pay that amount first. If the Social Security benefit on your divorced spouse’s record is higher, you will get an additional amount – known as an auxiliary benefit – on their record so that the combination of benefits equals the higher amount.

You do not need to contact your ex-spouse or involve them in the process to make a claim on their record, nor will they be notified of your claim. This respects your privacy and simplifies the process. Additionally, any claim you make has no effect on their own benefits or the benefits of any other current spouse or divorced spouses they may have.

If your ex-spouse died before reaching full retirement age, you may still make a claim as a surviving divorced spouse when you become eligible for Social Security benefits. You may be entitled to survivors benefits, which can provide additional financial support. You may also make an immediate claim if you’re caring for a minor child at the time of your ex-spouse’s death.

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Social Security Isn’t Going Away

While you consider your eligibility for spousal benefits or divorced spouse benefits, we don't believe you need to worry about collecting when the time comes. Yes, the Social Security trust fund is shrinking, but any fears of losing your benefits are largely unsubstantiated. A large portion of the American public rely on Social Security as their primary source of retirement income, including retirement benefits and survivors benefits. If they were to lose it, they would qualify for other government support programs. So, it’s in the federal government’s best interests to keep the trust fund solvent for the long term, ensuring that benefits like Social Security retirement benefits and Social Security spousal benefits remain available.

It’s possible the Social Security Administration may increase the full retirement age or decrease benefits, which could affect the amount of your monthly benefit. But getting less money at retirement is generally considered the worst-case scenario. That said, saving more money to compensate for any potential loss of benefits is always a wise choice. If you can, it can be advantageous to wait until you’re 70 years of age to take your benefits so you can take advantage of the 8% annual increase.

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Learning More About the Social Security Application Process

The Social Security Administration has a number of general resources online including an , an and an These resources can help you understand what documents you need, such as your Social Security number, marriage certificate and divorce decree, to apply for benefits.

If you’re applying for divorced spouse Social Security benefits, also known as divorced spousal benefits, in addition to the regularly required documents, you may also need to provide a marriage certificate and final divorce decree to prove the duration of your marriage and the divorce process. The Social Security Administration has an online guide with all the , ensuring you don't miss any steps in securing your benefit amount.

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Making the Best Decision for You

We recommend that you apply for Social Security retirement benefits, including any spousal benefits or ex-spouse benefits, four months before you want your benefits to start. It’s important to do your homework ahead of time to determine your best eligible option and gather the information you’ll need for the application, such as your Social Security number and readily available details about your ex-spouse's work record.

You only get one chance to make the right choices when claiming Social Security benefits, and the wrong decision could cost you thousands of dollars in lost retirement income. There’s no one-size-fits-all answer, and with so many different claiming options available, it’s important to work with a financial planner or consult a tax professional to discuss your options and make an informed decision for your unique circumstances. Understanding how your spousal benefits fit into your overall retirement plan is an important step for your financial future.