Can I claim retirement benefits based on my ex-spouse’s Social Security benefits?

Depending on the length of your marriage and whether you have remarried, you may be able to collect benefits based on your divorced spouse’s Social Security benefits. Collecting these benefits has no effect on your former spouse’s benefits.

In order to collect benefits from a divorced spouse:

  • You and your ex-spouse must both be over the age of 62.
  • Your marriage must have lasted 10 years or more.
  • You must have not remarried.

If your divorced spouse has not yet applied for benefits, you can still receive benefits based on his or her record if you have been divorced for more than two years.