- The marriage lasted at least 10 years.
- You are at least 60 (at least 50 if you are disabled), or you are caring for a child from the previous marriage who is either under 16 or became disabled before turning 22 (in which case there is no age or length-of-marriage minimum).
- You are single or, if you have remarried, you did not do so until after you turned 60 (50 if disabled).
As with widows and widowers, waiting until you reach the full retirement age (FRA) for survivors — currently 66, gradually rising to 67 over the next several years — entitles you to receive 100 percent of the amount your late ex was getting from Social Security when he or she died. (If the deceased never claimed benefits, you will get what he or she was eligible to receive.) Claiming survivor benefits before you reach full retirement age reduces the amount of your benefit, except as noted below.
If you are caring for a child from the marriage who is under the age of 16 or is disabled, you will receive 75 percent of the deceased ex-spouse’s benefit.
If you have already claimed Social Security on your own, you can still apply for survivor benefits, but you will not receive both benefits combined. When someone qualifies for two benefits, Social Security pays the higher amount.
Keep in mind
- If your late ex-spouse took reduced benefits by filing for Social Security early, you may qualify for the highest possible share of those benefits — that is, the highest possible survivor benefit — before your own FRA. If this is your situation, contact Social Security to see how it will affect your survivor benefit.
- Survivor benefits paid to you as a divorced spouse do not affect payments to the late beneficiary’s widow or widower or to other former spouses.
Updated May 6, 2021
More on Social Security and Divorce
- Can I collect Social Security survivor benefits as a divorced spouse and wait to claim my own retirement benefit?
- I was widowed from my first spouse and divorced from my second. Can I claim benefits on either one's record?
- Can I get an estimate of the Social Security I can collect on my ex-spouse’s record?
Find the answers to the most common Social Security questions such as when to claim, how to maximize your retirement benefits and more.