Divorce can change almost every part of your financial life; your income, your retirement savings, your housing decisions, and even how you think about Social Security.
One of the most common questions I hear from divorced women is:
“I was married for more than 10 years. Can I collect half of my ex-husband’s Social Security and then switch to my own benefit at age 70?”
That strategy did exist. But for most women approaching retirement today, the rules have changed.
The good news is that being divorced does not necessarily mean losing access to Social Security benefits based on your former spouse’s earnings history.
If your marriage lasted at least 10 years, you may have options.
And those options can be very different depending on whether your former spouse is still living or has passed away.
If Your Former Spouse Is Still Living
You may be eligible for a divorced-spouse Social Security benefit based on your ex-spouse’s work record.
Generally, you must:
Have been married for at least 10 years
Be divorced
Be age 62 or older
Generally be unmarried
Have an ex-spouse who is eligible for Social Security retirement or disability benefits
If your former spouse has not filed for Social Security yet, you may still be able to claim on their record if your ex is at least age 62 and you have been divorced for at least two continuous years.
You do not need your ex-spouse’s permission to apply.
Your claiming a divorced-spouse benefit also does not reduce the amount your ex receives or the amount potentially payable to your ex-spouse’s current spouse.
How Much Can a Divorced Spouse Receive?
At your full retirement age, the maximum divorced-spouse benefit is generally 50% of your former spouse’s Primary Insurance Amount, or PIA.
The PIA is essentially the benefit your former spouse is entitled to at their full retirement age.
This is an important distinction.
It does not mean you automatically receive 50% of the amount your ex is actually receiving.
For example, suppose your former spouse’s full retirement age benefit is $4,000 per month.
Your maximum divorced-spouse benefit at your full retirement age could be:
$2,000 per month.
If your ex waits until age 70 and receives a higher benefit because of delayed retirement credits, your divorced-spouse benefit does not automatically become 50% of that larger age-70 benefit.
Also, if you claim a divorced-spouse benefit before your own full retirement age, your benefit may be permanently reduced.
What If You Have Your Own Social Security Benefit?
This is where a lot of the confusion begins.
Let's say:
Your own Social Security benefit at full retirement age is $1,500 per month.
Half of your former spouse's PIA is $2,000 per month.
You do not receive $1,500 plus another $2,000.
Instead, Social Security generally pays your own retirement benefit first and then adds an additional divorced-spouse amount necessary to bring your total benefit up to the higher applicable amount.
In this example, your total benefit at full retirement age could be approximately:
$2,000 per month
—not $3,500.
Can You Take Half of Your Ex-Spouse's Benefit and Let Yours Grow Until Age 70?
For most women retiring today, no.
This is an older Social Security strategy that you may still hear discussed.
Before changes made by the Bipartisan Budget Act of 2015, certain people could reach full retirement age, file a restricted application for only a spousal or divorced-spouse benefit, and allow their own retirement benefit to continue earning delayed retirement credits until age 70.
That strategy has essentially disappeared for today's retirees.
For people born January 2, 1954 or later, Social Security's deemed filing rules generally require you to file for both your own retirement benefit and any spousal or divorced-spouse benefit for which you are eligible.
In other words, you generally cannot say:
"I'll take my ex-husband's benefit now and leave mine untouched until age 70."
Social Security considers you to have applied for both.
That is one of the reasons relying on Social Security advice you heard 10 or 15 years ago can be dangerous. The claiming rules have changed.
But There Is a Major Exception: If Your Former Spouse Dies
This is where Social Security planning for divorced women becomes much more interesting.
Survivor benefits operate under different rules.
If your former spouse dies, you may qualify as a surviving divorced spouse if your marriage lasted at least 10 years.
Generally, survivor benefits may be available beginning at:
Age 60
Age 50 if you have a qualifying disability
Potentially earlier in certain situations involving care of the deceased worker's child
A survivor benefit can range from approximately 71.5% to 100% of the deceased former spouse's applicable benefit, depending on the age at which you claim.
Waiting until your survivor full retirement age can generally qualify you for the full survivor amount.
Survivor Benefits Create a Different Planning Opportunity
Here's the part many divorced women don't know:
The deemed filing rule does not apply to survivor benefits.
That means you may be able to claim one type of Social Security benefit first and switch to another later.
For example, depending on your numbers, you might:
Option 1: Take a survivor benefit first
You could potentially collect a survivor benefit while allowing your own retirement benefit to continue growing.
Your own retirement benefit can earn delayed retirement credits until age 70.
If your own benefit becomes larger, you could potentially switch to it later.
Or:
Option 2: Take your own retirement benefit first
In some situations, you might claim your own retirement benefit earlier and later switch to a larger survivor benefit.
The correct strategy depends on the size of each benefit, your age, your income needs, longevity expectations, whether you are still working, and other retirement assets.
This is exactly why survivor Social Security planning should not be treated as an automatic filing decision.
Example: Why the Survivor Rules Matter
Consider a divorced woman whose own Social Security benefit would be:
$2,000 per month at full retirement age
but could grow to approximately:
$2,480 per month at age 70
because of delayed retirement credits.
Assume she also qualifies for a survivor benefit based on her deceased former spouse.
Depending on the survivor benefit available and her age, she may be able to collect the survivor benefit for several years while allowing her own $2,000 benefit to continue growing toward $2,480.
At 70, she could then evaluate whether switching to her own benefit makes sense.
That flexibility generally does not exist with ordinary divorced-spouse benefits when the ex-spouse is still living.
What Happens If You Remarry?
Remarriage is another area where the rules differ.
If your former spouse is living, remarriage will generally prevent you from receiving a divorced-spouse benefit on that former spouse's record while the new marriage continues.
Survivor benefits are different.
If your former spouse has died, remarriage after age 60 generally does not prevent you from qualifying for a surviving divorced-spouse benefit on the deceased former spouse's record.
Remarrying before age 60 can affect eligibility, although there are exceptions and benefits may potentially become available again if the later marriage ends.
This can make the timing of remarriage surprisingly important to Social Security planning.
A Particularly Important Update for NJ Teachers and Public Employees
There is another major change that may affect divorced women who receive a public pension.
Historically, theGovernment Pension Offset (GPO) could reduce or even completely eliminate a Social Security divorced-spouse or survivor benefit for someone receiving certain federal, state, or local government pensions from employment that was not covered by Social Security.
That changed with the Social Security Fairness Act, which was signed into law on January 5, 2025.
The law eliminated both the Government Pension Offset and the Windfall Elimination Provision for benefits payable beginning January 2024.
That is especially important for teachers, firefighters, police officers, and other public employees who may previously have been told that their pension would prevent them from receiving a Social Security spousal or survivor benefit.
If you were given a Social Security estimate years ago based on the old WEP or GPO rules, it may be worth reviewing your situation again.
Social Security After Divorce Is More Than a 10-Year Rule
The 10-year marriage requirement gets most of the attention, but it is really just the beginning.
A divorced woman approaching retirement should know:
Her own estimated Social Security benefit
Her full retirement age
Whether she qualifies on an ex-spouse's earnings record
Whether the ex-spouse is living or deceased
Whether she has been divorced for at least two years
How remarriage could affect eligibility
Whether claiming before full retirement age would reduce the benefit
Whether she plans to continue working while collecting Social Security
Whether a survivor-first or retirement-first strategy may eventually be available
The difference between choosing one claiming strategy and another can affect income for the rest of your life.
Don't Assume the Old Social Security Advice Still Applies
Social Security rules have changed significantly over the years.
If someone once told you:
"You were married more than 10 years, so just take half of his Social Security and switch to yours at 70,"
that advice may no longer apply.
But that does not mean you have no options.
Divorced-spouse benefits, survivor benefits, your own retirement benefit, remarriage rules, and the elimination of WEP and GPO can all affect the decision.
Before filing, it is worth looking at the entire retirement picture, not simply whichever Social Security benefit appears largest today.
Planning After Divorce?
If you were married for 10 years or longer and are approaching retirement, Social Security should be reviewed as part of your broader retirement income plan.
At Canonico Wealth Management, in partnership with Perennis Financial Planning, we help women understand how Social Security, pensions, investment accounts, taxes, and retirement income work together.
A thoughtful Social Security decision isn't simply about when you can claim.
It's about determining which benefit to claim, when to claim it, and how that decision fits into the rest of your financial life.
Not sure which Social Security benefit may apply to you after divorce?
If you were married for 10 years or longer and are approaching retirement, we can review your Social Security options alongside your pension, investments, and overall retirement income plan so you can make a more informed claiming decision.
Schedule a 30-minute conversation to review your options.
Read more insights for women navigating financial transitions on our website - Wealth Management and Financial Planning for Women in New Jerey.
Social Security rules can be complex and individual circumstances vary. Benefit amounts and eligibility should be confirmed directly with the Social Security Administration before making a claiming decision.
Content in this material is for general information only and not intended to provide specific advice or recommendations for any individual.