Utah · Social Security · 2026

Divorced After a Long Marriage? You May Be Owed Social Security on Your Ex's Record (Utah, 2026)

A benefit thousands of divorced Utahns are entitled to — and never claim, because they assume the marriage doesn't count.

An older Utah woman reviewing her Social Security options with a planner at a kitchen table.

The bottom line

  • If your marriage lasted 10 years or longer, you're unmarried now, and you're 62 or older, you may claim Social Security on your ex-spouse's record (SSA).
  • The benefit is up to 50% of your ex's full-retirement-age benefit if you wait to your own full retirement age (67) — about 32.5% if you claim at 62.
  • Claiming on your ex does not reduce their check or their current spouse's, and your ex is not notified.
  • If your ex has passed away, a surviving divorced spouse can receive up to 100% of their benefit.

Say you spent a couple of decades married, raised a family here on the Wasatch Front or down in St. George, and then divorced years ago. You may assume your ex's work record has nothing to do with your retirement. For a lot of divorced Utahns, that assumption quietly costs them hundreds of dollars a month. Social Security has paid divorced-spouse benefits for decades — and you don't need your ex's permission, cooperation, or even a phone call to claim one. Here's exactly how it works, and how the timing changes the check.

Who qualifies for a divorced-spouse benefit?

Under the Social Security Administration's rules, you can receive benefits on a former spouse's record if all of the following are true:

  • Your marriage lasted 10 years or longer before the divorce became final.
  • You are currently unmarried.
  • You are age 62 or older.
  • The benefit you'd get on your own work record is less than what you'd get on your ex's record.
  • Your ex is entitled to Social Security retirement or disability benefits.

One important wrinkle: if you've been divorced for at least two continuous years, you can claim on your ex's record even if your ex hasn't filed for their own benefit yet — as long as they're 62 or older and eligible. Your ex remarrying does not affect your eligibility (SSA).

10 yrs
Minimum marriage length to qualify
Up to 50%
Of your ex's full benefit, at your FRA
Up to 100%
If your ex has passed away (survivor)

Source: Social Security Administration — Benefits For Your Family: ssa.gov/benefits/retirement/planner/applying7.html; Survivor eligibility: ssa.gov/survivor/eligibility.

How much will you get — and how does age change it?

At your full retirement age — 67 for anyone born in 1960 or later — a divorced-spouse benefit is worth up to half of your ex-spouse's primary insurance amount (their full-retirement-age benefit). Claim before your full retirement age and Social Security permanently reduces the amount. Claim at the earliest age, 62, and it drops to about 32.5% of your ex's benefit.

Unlike your own retirement benefit, a divorced-spouse benefit does not grow if you wait past full retirement age — there are no delayed-retirement credits on spousal benefits. So full retirement age is the ceiling. Here's how the benefit builds, as a share of your ex's full benefit, for someone with a full retirement age of 67:

Divorced-spouse benefit as a share of the ex-spouse's full-retirement-age benefit, by claiming age (full retirement age 67). Reduction factors: Social Security Administration — ssa.gov/oact/quickcalc/spouse.html and ssa.gov/benefits/retirement/planner/agereduction.html.

Why this matters: if your ex's full benefit is $2,800/month, a divorced-spouse benefit at your full retirement age could be worth about $1,400/month — versus about $910/month if you claim at 62. Over a 25-year retirement, that timing decision can be worth well over $100,000. And remember: you collect the higher of your own benefit or the divorced-spouse benefit — not both.

Does claiming hurt my ex — or will they find out?

No, on both counts. Benefits paid to a divorced spouse do not reduce the payment your ex-spouse receives, and they do not reduce anything paid to your ex's current husband or wife (SSA). Social Security calculates your benefit from your ex's earnings record without taking a dollar from them, and they aren't notified that you applied. If you're worried a difficult ex could block this, they can't — it's between you and Social Security.

What if my ex-spouse has died?

Then you may qualify for a surviving divorced-spouse benefit, which is more generous. If the marriage lasted 10 or more years and you're age 60 or older (50 if you have a qualifying disability), you can receive between 71.5% and 100% of your late ex-spouse's benefit — reaching the full 100% at your full retirement age. And unlike the living-ex rules, remarrying after age 60 does not affect a survivor benefit (SSA). For many widowed-and-divorced Utahns, this is the single largest Social Security decision they'll make.

A few traps to avoid

Remarriage (while your ex is living)

If you remarry, you generally can't collect a divorced-spouse benefit on a former spouse's record while the new marriage is intact. Survivor benefits are different — see above.

Assuming you can "stack" benefits

You don't get your own retirement benefit plus a divorced-spouse benefit. Social Security pays whichever is higher. If your own record is strong, the divorced-spouse benefit may add nothing — but it's worth checking, because many people guess wrong about which is larger.

Not asking because you're embarrassed

This benefit exists precisely for long marriages that ended. There's nothing to explain or justify — you either meet the 10-year rule or you don't. When you apply, Social Security will ask for your ex's Social Security number (or enough details to find their record) and a certified copy of your divorce decree.

Not sure which check is bigger — yours or your ex's?

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Frequently asked questions

Can I collect Social Security on my ex-spouse's record in Utah?

Possibly. If your marriage lasted at least 10 years, you're currently unmarried, and you're 62 or older, you may qualify for a divorced-spouse benefit on your ex's Social Security record — even if your ex has remarried. This is a federal Social Security rule, so it works the same in Utah as anywhere else.

How much is the divorced-spouse benefit?

Up to 50% of your ex-spouse's full retirement age benefit (their primary insurance amount) if you claim at your own full retirement age — 67 for anyone born in 1960 or later. Claim earlier and the amount is permanently reduced: about 32.5% of their benefit at age 62. Divorced-spouse benefits do not earn delayed-retirement credits, so waiting past your full retirement age does not increase them.

Does claiming on my ex reduce their Social Security check?

No. Benefits paid to a divorced spouse do not reduce what your ex-spouse receives, and they do not reduce anything paid to your ex's current husband or wife. Your ex is not notified and their benefit is untouched (SSA).

What if my ex-spouse hasn't filed for Social Security yet?

If you have been divorced for at least two continuous years, you can claim on your ex's record once you're both 62 or older — even if your ex hasn't applied for their own retirement benefit yet, as long as they're eligible for one (SSA).

What happens if my ex-spouse has died?

You may qualify for a surviving divorced-spouse benefit. If the marriage lasted 10+ years and you're age 60 or older (50 if you have a qualifying disability), you can receive between 71.5% and 100% of your late ex-spouse's benefit — up to the full 100% at your full retirement age. Remarrying after age 60 does not affect this survivor benefit (SSA).

Can I get my own benefit AND my ex's?

No — you receive the higher of the two, not both. If your own retirement benefit is larger than the divorced-spouse amount, Social Security pays your own. This is educational information, not financial advice; confirm your figures with SSA or a licensed planner.

Sources

About this article. Written by the Utah Retirement Income Data Desk and reviewed by Brian Penner, Retirement income & long-term care planner. Educational only — not financial, tax, or legal advice. Utah Retirement Income is a licensed independent insurance agency (NPN 16493717) and is not connected with, or endorsed by, the Social Security Administration or any government agency. Confirm your own figures and eligibility with the Social Security Administration at SSA.gov or 1-800-772-1213. Insurance and annuity guarantees are subject to the claims-paying ability of the issuing company; there are no guaranteed investment returns.