Social Security Spousal Benefits After Divorce

You May Be Eligible for Your Ex-Spouse's Social Security

If your marriage lasted at least 10 consecutive years before the divorce was finalized, you can claim Social Security benefits based on your ex-spouse's earnings record. This doesn't reduce your ex-spouse's benefit at all — they won't even be notified.

Three types of benefits are available to divorced spouses:

Divorced-spouse benefits. You can receive up to 50% of your ex-spouse's full retirement benefit amount. You must be at least 62, currently unmarried, and not entitled to a higher benefit on your own record. Your ex-spouse must be eligible for benefits (though they don't have to have filed yet, as long as you've been divorced for at least two years).

Divorced-survivor benefits. If your ex-spouse dies, you can receive up to 100% of what they were collecting (or would have been entitled to). You must be at least 60 (50 if disabled), and you must not have remarried before age 60. Remarriage after 60 does not disqualify you.

Combination strategy. If you qualify for both your own retirement benefit and a divorced-spouse benefit, SSA automatically pays whichever is higher. Some people file for the lower benefit first and switch to the higher one later.

The WEP and GPO Are Repealed — Benefits May Be Higher Than You Think

The Social Security Fairness Act (H.R. 82), signed into law on January 5, 2025, completely repealed the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). These provisions previously reduced or eliminated Social Security benefits for people who also received a government pension from non-covered employment — state and local government workers, teachers, police officers, firefighters.

The repeal is retroactive to benefits payable from January 2024 onward. SSA has already processed retroactive lump-sum payments and adjusted monthly amounts for existing beneficiaries.

This matters for divorced public employees in two specific situations:

If you're already receiving reduced benefits: Log into your my Social Security account at ssa.gov and verify that the adjustment was applied. Your monthly amount should have increased, and you should have received a retroactive payment covering January 2024 through the adjustment date. If the adjustment is missing, contact SSA at 1-800-772-1213.

If you never applied because the offset would have zeroed out your benefit: You must file a new application. SSA does not automatically enroll people who never applied. This is the critical step — divorced spouses who were public employees and assumed they'd get nothing under the old rules may now qualify for substantial monthly payments. Call SSA to schedule an appointment.

State Pension Offsets Still Exist

The federal repeal only prevents Social Security from reducing its own payments due to a state pension. It does not change any internal rules within state retirement systems like the Mississippi Public Employees' Retirement System (PERS). PERS tier structures, vesting requirements, and benefit calculations are unaffected.

This distinction matters when negotiating property settlement agreements — a divorcing public employee's Social Security eligibility is now unreduced, and that full benefit should be factored into the overall financial picture.

How to Apply

Contact the Social Security Administration at 1-800-772-1213 or visit your nearest SSA office. You'll need:

• Proof of your age (birth certificate or passport)
• Your Social Security number and your ex-spouse's Social Security number
• Your certified divorce decree showing the marriage lasted at least 10 years
• Proof of U.S. citizenship or lawful immigration status

The Mississippi After-Divorce Checklist covers both the Social Security name-change process and the benefit-eligibility steps, including the exact post-repeal action paths for public employees.

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