ABA Family Legal Guide

The Rights of Older Americans

Social Security and Supplemental Security Income

Are divorced spouses eligible?

Yes. As long as the divorced spouse is sixty-two or older, was married to the worker for at least ten years, and has not remarried. Divorced spouses who have been divorced for at least two years may draw benefits at age sixty-two, as long as the former spouse is eligible for retirement benefits; the former spouse does not actually have to be drawing benefits. A divorced spouse also may be eligible for survivor benefits if the worker dies while being fully insured or while receiving benefits.