Social Security Benefits After Divorce in Connecticut

If your Connecticut marriage lasted at least 10 years before the divorce was finalized, you may be entitled to Social Security benefits based on your ex-spouse's earnings record, even if your ex has remarried. Many divorced individuals in Connecticut leave significant money on the table simply because they do not know this option exists or assume the divorce decree must specifically address it.

Here is how divorced-spouse Social Security benefits work, who qualifies, and the steps to claim them.

The 10-Year Marriage Rule

The Social Security Administration allows a divorced spouse to collect benefits based on their ex-spouse's work record if all of the following conditions are met:

• The marriage lasted at least 10 years before the final divorce decree was entered
• You are currently unmarried (if you remarried and that marriage also ended, you may regain eligibility)
• You are at least 62 years old
• Your ex-spouse is entitled to Social Security retirement or disability benefits
• The benefit you would receive based on your own work record is less than what you would receive based on your ex-spouse's record

The maximum divorced-spouse benefit is 50% of your ex-spouse's full retirement age benefit amount. Your ex-spouse's benefit is not reduced by your claim. They will not be notified, and any benefits they or their current spouse receive are completely unaffected.

How Connecticut Divorce Decrees Interact With Social Security

Social Security benefits are governed entirely by federal law. Connecticut divorce courts have no authority to divide, assign, or modify Social Security benefits in a settlement agreement or decree. Unlike retirement accounts that can be split through a QDRO or DRAO, Social Security entitlements exist outside the court's equitable distribution powers.

This means:

• Your divorce decree does not need to mention Social Security for you to claim divorced-spouse benefits
• A settlement agreement that purports to waive Social Security rights has no legal effect
• The SSA makes eligibility determinations independently based on marriage duration and work history

Survivor Benefits for Divorced Spouses

If your ex-spouse has died, you may be eligible for divorced-spouse survivor benefits, which can be significantly higher than standard divorced-spouse benefits. The maximum survivor benefit is 100% of your deceased ex-spouse's benefit amount (compared to 50% for standard divorced-spouse benefits).

Survivor benefit eligibility requirements:

• The marriage lasted at least 10 years
• You are at least 60 years old (or 50 if disabled)
• You are currently unmarried, or you remarried after age 60 (after age 50 if disabled)

If you are caring for the deceased ex-spouse's child who is under 16 or disabled, you may qualify for survivor benefits at any age regardless of the marriage duration requirement.

GPO and WEP Are Repealed

If you worked for the State of Connecticut or a Connecticut municipality and receive a pension from SERS, MERS, or the Teachers' Retirement Board, you may have previously been told that your government pension would reduce or eliminate any Social Security benefit you could claim. That is no longer the case.

The Social Security Fairness Act (signed January 5, 2025) repealed both the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP) for all benefits payable from January 2024 forward. The SSA completed retroactive adjustments in early 2025.

If you previously decided not to apply for divorced-spouse Social Security benefits because you expected the GPO to zero them out, you should file a new claim now. The SSA does not automatically identify and pay people who never applied. You must file.

How to Apply

Step 1: Gather documentation

You will need:

• Your Social Security number and your ex-spouse's Social Security number (or enough identifying information for the SSA to locate their record)
• Proof that the marriage lasted 10 years: a certified copy of the marriage certificate and the final divorce decree from the Connecticut Superior Court
• Your birth certificate or other proof of age
• Your most recent W-2 or tax return

Step 2: Contact the SSA

You can apply for divorced-spouse benefits:

• Online at ssa.gov (if you are applying for your own retirement benefits at the same time)
• By calling 1-800-772-1213 to schedule an appointment
• In person at your local Social Security office

Step 3: Timing considerations

You can file for divorced-spouse benefits as early as age 62, but claiming before your full retirement age permanently reduces the monthly amount. If you are eligible for benefits on your own record and your ex-spouse's record, the SSA will pay you the higher of the two amounts, not both combined.

If your ex-spouse has not yet filed for Social Security but is eligible (age 62+), you can still claim divorced-spouse benefits as long as you have been divorced for at least two years. This "independently entitled" rule means you do not need to wait for your ex-spouse to file first.

Connecting Social Security to Your Post-Divorce Financial Plan

Social Security benefits are just one piece of the post-divorce financial picture. The Connecticut After-Divorce Checklist covers the complete sequence of financial tasks after your decree is finalized, including retirement account division, beneficiary updates, estate plan overhauls, and the administrative steps that must happen in the right order to avoid costly mistakes.

Understanding your Social Security options early in the post-divorce transition helps you make better decisions about when to claim, how to budget for retirement, and whether to factor divorced-spouse benefits into your long-term financial plan.

See more Connecticut guides →