Can a divorced spouse receive the Social Security benefits of the other divorced spouse?

The following conditions must be met for one spouse to receive Social Security benefits of the other spouse:

  1. Married for at least ten years.

  2. Be age 62 or older

  3. Not re-married

  4. The benefit the spouse would receive would be greater than the benefit  he/she would receive based on his/her work credits.

It is important to note that your benefit as a divorced spouse is equal to one half of your ex-spouse’s full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age.  For information in obtaining disability benefits in Bucks County, contact a Bucks County disability lawyer.  

However, if the ex spouse dies, the divorced spouse can receive the full retirement benefit.  

You must be divorced for at least two years if your spouse qualifies for Social Security benefits but has not applied for them if you want to receive benefits based on his/her earnings.  Be aware that benefits are reduced if taken before full retirement age.