Social Security After Divorce: the conditions
2026 law · reviewed September 6, 2026
| Condition | Former spouse living | Former spouse deceased |
|---|---|---|
| Marriage lasted | 10 years or more | 10 years or more |
| Your marital status | Unmarried | Unmarried, or remarried after 60 |
| Your age | 62 or older | 60 or older (50 if disabled) |
| The former spouse | Entitled to benefits, or 62 and the divorce 2+ years old | Deceased and insured |
| The benefit | Up to 50% of their full benefit, reduced before your full retirement age | Up to 100% of their benefit, reduced from 60 to survivor full retirement age |
| Effect on the former spouse or a new spouse | None | None |
Entitlement on a former spouse's record, living and deceased (20 CFR 404.331, 404.333, 404.336, 404.410).
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