If your marriage lasted ten years or more, you may be able to claim Social Security on your ex-spouse's earnings record. It does not reduce their benefit, they do not have to agree, and most people never find out it exists.
Why this matters before you settle
This is usually treated as a retirement question, but it is a divorce negotiation question. A spouse who will qualify on their ex's record has a different long-term financial picture than one who won't — and if the marriage is close to the ten-year line, the timing of the decree can decide it.
If you are near ten years, get advice before you finalize. The difference between a nine-year-and-ten-month marriage and a ten-year marriage can be worth a great deal over a retirement, and it is not something a court will raise for you.
Who qualifies
1.
The marriage lasted at least 10 years
Measured from marriage to the date the divorce became final.
2.
You are currently unmarried
Remarrying generally ends eligibility on a former spouse's record.
3.
You are at least 62
Claiming before your full retirement age permanently reduces the amount.
4.
Your own benefit would be smaller
You receive the higher of the two, not both added together.
What it does not do
It does not take anything from your ex.Their benefit is not reduced, and a current spouse's benefit is not reduced either. Their consent is not required, and they are not notified.
Because of that, this is one of the rare parts of a divorce with no opposing side — there is nothing for anyone to contest.
If your ex-spouse dies
Survivor benefits work differently and are often worth more. A divorced spouse may qualify for survivor benefits on a deceased ex-spouse's record, again generally requiring the ten-year marriage, with its own rules on age and remarriage.
Worth knowing about in advance: it is a real part of the financial picture for a long marriage, and the rules differ enough from the retirement version that they should be checked separately.
What to do
1.
Keep a copy of your decree and marriage certificate
The SSA will want the marriage and divorce dates. Store them with the documents you keep permanently.
2.
Check your own earnings record
Create an SSA account and confirm what your own benefit would be, so you know which is larger.
3.
Confirm the specifics with SSA directly
The rules have exceptions this page does not cover — disability, government pensions, and claiming while your ex is still living but not yet collecting.
This is a summary, not advice. Verify anything you plan to rely on with the Social Security Administration or a financial professional. Rules change, and individual circumstances change the answer.