How to apply for social security benefits from divorced spouse

Points to know

  • If your ex-spouse qualifies for Social Security retirement benefits, you were married for at least 10 years, and you're not remarried, you may be eligible to claim on your ex's earnings record.
  • If you're going to collect on your ex's record, you'll be eligible for half of your spouse's full benefits if you start collecting at your full retirement age.

Start with your benefits estimates

Your first step in maximizing your Social Security benefits should be to visit the Social Security Administration (SSA) website. If you know your ex's Social Security number, you can check for his or her benefits as well. Or you can ask your ex about his or her benefits if the two of you are on good terms.

If you're not, the SSA can give you information about your ex's benefits. You'll need both your and your ex-spouse's benefits estimates to determine your best Social Security claiming strategy.

When you file for Social Security, you file for all the benefits for which you're eligible, including divorced spousal benefits. So even if you don't know your former spouse's Social Security number, you can still file for and receive divorced spousal benefits.

Good to know

Don't know—and can't ask for—your ex's Social Security number? Don't worry. When you apply for Social Security, you can get an estimate of what you might receive by providing your former spouse's name, date and place of birth, and parents' names.

GET YOUR SOCIAL SECURITY ESTIMATES

The Social Security Administration (SSA) website provides estimates for how much you'll collect if you start receiving benefits at age 62, your full retirement age (FRA) (between 66 and 67), and age 70. 

Whose earnings record should you collect on?

If your ex qualifies for Social Security benefits, you were married for at least 10 years, and you're not remarried, you have options.

You can claim Social Security on your own earnings record or on your ex's record. If your ex qualifies for Social Security but isn't already collecting, you can still collect on his or her record if you've been divorced for at least 2 years.

You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA). But you won't receive increased benefits by waiting past your FRA.

If the benefits you'd receive by collecting on your own earnings record are more than what you'd collect on you ex's record, consider collecting on your own record.

Learn what benefits you may be eligible for if you remarried after your divorce

Learn what benefits you may be eligible for if your ex died after your divorce

Quick facts about claiming on your ex's earnings record:

  • You can claim even if your ex has remarried.
  • You can claim even if your ex hasn't retired and isn't receiving Social Security benefits (as long as your ex is at least 62).
  • Claiming won't reduce your ex's Social Security benefits or his or her current spouse's benefits.
  • The SSA won't notify your ex that you've claimed on his or her record.

Keep in mind

If you collect Social Security before you reach your FRA, your benefits will be permanently reduced whether you're collecting on your own earnings record or your ex's record.

Figure out the best time to claim Social Security

As you consider the right time to start collecting Social Security, remember that if you decide to delay, you can revisit that decision as often as you'd like.

An advanced claiming strategy (if you were born before January 2, 1954)

If you were born before January 2, 1954, you have an additional option. You can claim on one earnings record at full retirement age (FRA) and then switch to the other later. In some cases, taking the lower benefits at FRA can pay off down the road.

See how it works: Born before January 2, 1954

What's next?

Social Security provides more than just retirement benefits. And the federal government offers more than just Social Security benefits. As you put your retirement plan together, check to see whether you qualify for other government benefits, such as family and children services, tax assistance, and active military or veterans benefits.

You can file for Social Security benefits online, over the phone, or in person at a local Social Security Administration office.

You may need to produce these documents when you apply

  • Your Social Security card.
  • An original birth certificate or other proof of your birth.
  • A copy of your W-2 form or self-employment tax return for the previous year.
  • Your marriage certificate and divorce decree.
  • If you weren't born in the United States, proof of U.S. citizenship or lawful alien status.

A Vanguard advisor can help

If you're struggling with making your best Social Security decision, we can help. You'll also get a custom financial plan, ongoing portfolio management, investment coaching, and real-time goal tracking—all at a low cost.

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