Skip to main content

Social Security After Divorce: the conditions

2026 law · reviewed September 6, 2026

Entitlement on a former spouse's record, living and deceased (20 CFR 404.331, 404.333, 404.336, 404.410)
ConditionFormer spouse livingFormer spouse deceased
Marriage lasted10 years or more10 years or more
Your marital statusUnmarriedUnmarried, or remarried after 60
Your age62 or older60 or older (50 if disabled)
The former spouseEntitled to benefits, or 62 and the divorce 2+ years oldDeceased and insured
The benefitUp to 50% of their full benefit, reduced before your full retirement ageUp to 100% of their benefit, reduced from 60 to survivor full retirement age
Effect on the former spouse or a new spouseNoneNone

Entitlement on a former spouse's record, living and deceased (20 CFR 404.331, 404.333, 404.336, 404.410).

Educational only, not investment, tax, or legal advice. Results are hypothetical estimates that vary with each use and over time and are not guaranteed accurate or complete. Using this tool creates no client relationship with Considerate Capital, and the site that linked here is not affiliated with it. By using it you agree to the tool terms.