Social Security Benefits and Divorce

 Posted on February 19, 2026 in Illinois Divorce

Divorce can create uncertainty about your financial future. This is especially true if you are older and were out of the workforce for most of your adult life. If you are nearing retirement age, you may wonder whether you can claim Social Security benefits from your ex-spouse after a divorce. The good news is that, under some circumstances, you can.

Understanding how Social Security benefits work after divorce can help you make good decisions about your retirement planning. If you have questions about how divorce may affect your Social Security benefits, a Kane County divorce attorney can give you guidance.

What Are the Requirements to Collect Social Security Benefits Through an Ex-Spouse?

The Social Security Administration has certain rules about when you can claim benefits based on your ex-spouse's work record. You must meet all of the following requirements:

• Your marriage lasted at least 10 years.
• You are currently unmarried.
• You are at least 62 years old.
• Your ex-spouse is eligible for Social Security retirement or disability benefits.

The benefit you would receive based on your own work record is less than the benefit you would receive based on your ex-spouse's record.

If you meet these, you can apply for divorced spouse benefits. Your ex-spouse does not need to have started collecting their own benefits yet, as long as you have been divorced for at least two years.

How Much Can I Receive in Divorced Spouse Benefits?

The amount you can receive depends on your age when you start collecting benefits. If you wait until your full retirement age, which is between 66 and 67 for most people in 2026, you can receive up to 50 percent of your ex-spouse's full retirement benefit amount.

If you start collecting benefits before your full retirement age, your benefit amount will be permanently reduced. For example, if you start collecting at age 62, you will receive only about 32.5 percent of your ex-spouse's full benefit instead of 50 percent.

The Social Security Administration will automatically calculate which benefit gives you the higher amount and pay you that. You do not need to specify whether you want to get your amount or your ex-spouse's amount.

Will My Ex-Spouse Know if I Claim Social Security Benefits on Their Record?

Your ex-spouse will not be notified in any way by the Social Security Administration. Per 42 U.S.C. Section 402, your claim does not reduce the amount your ex-spouse can receive, and it does not affect any benefits their current spouse may be eligible for. This is because the law treats these benefits separately from the primary worker’s benefits (i.e., retirement savings plans).

What Happens to My Social Security Benefits if I Remarry?

If you remarry, you generally cannot collect Social Security benefits based on your ex-spouse's record. However, there are exceptions to this rule.

If your new marriage ends through death, divorce, or annulment, you may be able to claim benefits on your ex-spouse's record again. You can also choose to claim benefits based on your new spouse's record if that would give you a higher benefit amount.

If you remarry after age 60, you can still collect survivor benefits on a deceased ex-spouse's record. The law works on the understanding that people who remarry later in life should not be penalized for finding companionship in their retirement years.

Can I Collect Benefits if My Ex-Spouse Has Not Retired Yet?

Yes, as long as you have been divorced for at least two years. Your ex-spouse does need to be at least 62 years old and eligible for Social Security benefits. You no longer need to wait for your ex-spouse to file for their own benefits before you can claim divorced spouse benefits.

This setup means that  you can make your own retirement decisions based on your needs rather than waiting for your ex-spouse to act. Under this arrangement, divorced spouses can have more independence from each other.

Do I Need to Include Social Security Benefits in My Divorce Settlement?

Social Security benefits earned during a marriage are not considered marital property under Illinois law. You cannot divide your ex-spouse's Social Security benefits as part of your divorce settlement.

Your divorce attorney can help you understand how Social Security benefits fit into your overall financial picture after divorce. Other retirement accounts like 401(k)s and pensions can be divided during divorce. It is important to bear in mind all sources of retirement income when negotiating your settlement.

Call a St. Charles, IL Divorce Lawyer Today

If you are considering divorce – or are already divorced – and have questions about Social Security benefits, our Kane County divorce attorneys can help you understand your options. At Weiler & Associates, P.C., Attorney Weiler is a Certified Financial Litigator and has experience settling or litigating very complex financial issues in divorce. Contact us at 630-331-9110 today to schedule your initial consultation.