Short answer: Yesif you meet the divorced-spouse rules, you can often claim on your ex’s record even if your ex hasn’t turned 66 (or 67) and even if your ex hasn’t filed yet. The magic age isn’t “66” anymore; it’s about eligibility (usually 62+) and a few other boxes you need to check.
Quick refresher: what counts as a divorced-spouse benefit?
A divorced-spouse (a.k.a. “ex-spousal”) benefit is based on your former spouse’s work record. At your full retirement age (FRA), the maximum divorced-spouse benefit equals 50% of your ex’s full retirement benefit (PIA). If you claim before your FRA, it’s reduced.
The rule that answers today’s question
“Independently Entitled Divorced Spouse” (IEDS): the two-year rule
If you’ve been legally divorced for at least two continuous years, are age 62 or older, and your ex is at least 62, you can be paid as an independently entitled divorced spouse. Translation: you may claim even if your ex hasn’t filed yet. (Your ex being 66 is not required.)
- Divorce duration: The two-year clock starts the day the divorce is final and must run for two continuous years.
- Marriage length: You must have been married to your ex for at least 10 years.
- Your age: You must be 62 or older (earlier ages apply to survivor benefits only).
- Marital status now: You must be unmarried to receive an ex-spousal benefit while your ex is alive.
What if you’ve been divorced less than two years?
You can still qualify if your ex has already filed and is entitled to benefits. If your ex hasn’t filed, you’ll need to wait until either they file or you hit the two-year divorce mark (and both of you are at least 62).
But waitwhat about “66,” “67,” and my FRA?
FRA depends on your birth year and is now between 66 and 67. The age “66” used to be a common FRA, but for many it’s 66 and some months, or 67. Claim before FRA and your spousal amount is reduced; claim at FRA and you can receive up to 50% of your ex’s full benefit.
How the amount is calculated
Your divorced-spouse benefit is based on your ex’s Primary Insurance Amount (PIA)their full retirement benefit at their FRA. At your FRA, you can receive up to 50% of that. If you file at 62, the spousal portion is reduced (SSA publishes the approximate reduction schedule by birth year).
Example
Suppose your ex’s PIA is $2,600. Your maximum divorced-spouse benefit at your FRA would be 50% × $2,600 = $1,300. If you file at 62 (and your FRA is 67), your spousal portion could be reduced by roughly a third, based on SSA’s reduction table.
Do I need my ex to file first? (No, with a big asterisk.)
Nonot if you meet IEDS rules above (divorced two years, both 62+). If you don’t meet IEDS rules yet, then yes, you’d need your ex to have filed before you could draw on their record.
Will my ex be notifiedor will I affect their benefits?
Your claim doesn’t reduce or affect your ex’s benefit, and Social Security doesn’t notify them that you filed. (You’ll provide identifying info on the application; SSA keeps it in-house.)
Deemed filing: the post-2015 rule you can’t ignore
Since the Bipartisan Budget Act changes, if you’re born after January 1, 1954, filing for one benefit generally means you’re “deemed” to file for all benefits you’re eligible for at that time. In plain English: you can’t file a “spousal-only” claim to let your own retirement benefit keep growingunless you were born on or before 1/1/1954 (a shrinking group).
The earnings test: working before FRA
If you work and claim before FRA, Social Security may withhold benefits under the annual earnings limits. For 2025, the limit is $23,400 if you’re under FRA all year; it’s $62,160 in the year you reach FRA (applied only to the months before FRA). After you hit FRA, there’s no earnings limit. Withheld benefits aren’t lost; SSA recalculates later.
Big 2025 change: WEP and GPO were repealed
As of January 5, 2025, the Social Security Fairness Act repealed both the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). That’s huge for people with certain non-covered pensions (teachers, firefighters, some federal/state workers). Practically speaking for divorced-spouse benefits, the GPO no longer reduces a spousal or survivor benefit because of your own non-covered pension. SSA began paying higher ongoing benefits (and retroactive adjustments) in early 2025.
Remarriage rules to remember
- While your ex is alive: If you remarry, you generally can’t receive an ex-spousal benefit at the same time (you might qualify on your new spouse’s record instead).
- Survivor benefits: If your ex dies, divorced-survivor benefits may start as early as 60 (50 if disabled). Remarrying after age 60 (50 if disabled) doesn’t block survivor benefits.
How to apply (and what to have handy)
You can apply online or by appointment. It helps to have your ex’s name, date of birth, Social Security number (if known), and proof of a 10-year+ marriage and your divorce decree.
FAQ: Lightning round
Can I file at 62 even if my ex is only 63 and not 66?
Yesif you’re both at least 62 and you’ve been divorced two full years (IEDS), you don’t need your ex to be 66 or to have filed.
Does my ex’s delayed retirement credits increase my spousal benefit?
No. Your divorced-spouse benefit is based on your ex’s PIA (their full benefit at FRA), not any delayed credits they might earn by waiting past FRA.
Can I switch later to my own higher retirement benefit?
Under the deemed-filing rules, if you file and you’re eligible for both, SSA pays the higher of the two (your own or the spousal “excess”). There’s no separate “spousal-only” path unless you’re in the small cohort born on or before 1/1/1954.
Will claiming early lock me into a lower spousal amount forever?
Yes, claiming before your FRA permanently reduces the spousal portion (SSA publishes the reduction percentages by birth year).
Putting it all together
If you’re 62+, divorced at least two years from a 10-year marriage, currently unmarried, and your ex is at least 62, then your ex does not have to be 66or even filedfor you to claim. Use SSA’s estimator, check the earnings test if you’re working, and remember the 2025 repeal of WEP/GPO if you have a non-covered pension.
Practical scenarios (with numbers)
Scenario A: You’re 62, your ex is 63, divorce finalized 3 years ago
IEDS happy path. You can file now. Suppose your ex’s PIA is $2,200; your maximum spousal at your FRA would be $1,100. Filing at 62 cuts that spousal portion per SSA’s reduction table; expect roughly a one-third haircut if your FRA is 67.
Scenario B: You’re 64, your ex is 61, divorce finalized 8 years ago
Not quite there. You must wait until your ex turns 62 (eligibility age), even though you’ve cleared the two-year divorce requirement.
Scenario C: You’re 63, working part-time, ex is 70 and filed
You may file now, but check the earnings test. If you’ll earn $28,000 in 2025 and you’re under FRA all year, SSA will withhold $1 for every $2 above $23,400 until the calendar year tally is reconciled.
Scenario D: You have a non-covered teacher’s pension
Before 2025, the GPO often wiped out spousal benefits. After the 2025 law, GPO no longer reduces your spousal/survivor benefit. Results vary, but many educators now see higher payments.
Action checklist
- Create/verify your my Social Security account and review your earnings history.
- Gather proof: marriage certificate, divorce decree, and basic info about your ex.
- Decide timing: balance permanent reductions for early filing vs. cash-flow needs.
- If still working, run your numbers against the 2025 earnings limits.
- If you have a public-sector pension, revisit your plan in light of the 2025 WEP/GPO repeal.
- Apply online or by phone when ready.
Conclusion
You don’t need an ex who’s 66 (or 67) to unlock an ex-spousal benefit. The real keys are age 62+, a 10-year marriage, two years post-divorce (if your ex hasn’t filed), and staying unmarried for as long as you’re collecting as an ex-spouse. Add in today’s earnings-test rules and the 2025 repeal of GPO/WEP, and many divorced retirees now have a clearerand often betterpath to benefits.
SEO wrap-up
sapo: Wondering if you can claim Social Security on your ex’s record even if they’re not 66? The answer is often yes. If you’re 62+, were married 10 years, have been divorced two years (when your ex hasn’t filed), and are currently unmarried, you may qualify as an “independently entitled divorced spouse.” We break down eligibility, how the 50% spousal cap works, the earnings test for 2025, and why the 2025 repeal of GPO/WEP matters, with practical examples and a simple action checklistso you can file with confidence.
Real-world Experiences: Filing for an Ex-Spousal Benefit Before the Ex Turns 66
“I filed at 62 while my ex was 63 and hadn’t claimed yet.”
What went well: Because the divorce was finalized more than two years earlier, I qualified as an independently entitled divorced spouse. The application asked for my ex’s identifying details, but the agency didn’t contact them. The benefit arrived a few weeks later. What I’d do differently: I underestimated the earnings test. I worked extra hours that pushed me over the annual limit, so SSA withheld some checks, then true-up’d me later. Take five minutes to project your earnings before you file.
“I waited for FRA to avoid the reduction.”
What went well: By waiting until my FRA, I locked in the full 50% of my ex’s PIA. That predictable income fit our budget better than a reduced benefit starting earlier. What I’d do differently: I would run a breakeven analysis earlierif cash flow is tight at 62–64, sometimes the earlier start still makes sense despite the cut. SSA’s reduction chart helped me visualize the trade-off.
“Public-school pension + 2025 changes = big difference.”
Before 2025: The Government Pension Offset would have erased most of my spousal benefit. After 2025: The GPO repeal meant my divorced-spouse payment now comes through without that two-thirds offset. I requested a benefit review and received an adjustment plus a retroactive payment. If you have a non-covered pension, revisit your plan now.
“I remarriedand that changed everything.”
I remarried at 64, which ended eligibility on my ex’s record while my ex was alive. Later, when my second spouse passed away, I looked at survivor benefits and learned that remarriage after 60 doesn’t block survivor benefits. Moral: remarriage rules differ for spousal vs. survivor benefitsknow which set applies to you.
“I thought my ex had to ‘turn 66’ first.”
Many of us still think in terms of “66,” but FRA is now 66–67 depending on birth year. For divorced-spouse benefits, the real trigger is age 62 plus the two-year divorce rule if your ex hasn’t filed. Once I learned that, I stopped waiting on a birthday that didn’t matter and filed months earlier than planned.
Bottom line from the trenches: if you’re eligible under the IEDS and 10-year rules, your ex doesn’t need to be 66or to have filed. Double-check the earnings test if you’re still working, look up your FRA and reduction amounts, and, if you have a public-sector pension, be sure to account for the 2025 repeal of GPO/WEP. Those details can change a “maybe later” into a confident “yes” today.
