Yes. If you were married to your ex-spouse for at least 10 years, are currently unmarried, and are age 62 or older, you can collect Social Security divorced spouse benefits worth up to 50% of your ex's full retirement age benefit. This federal right applies to every Vermont divorcee regardless of whether your ex agrees, remarries, or objects. Your ex spouse social security divorce claim does not reduce their benefit or their current spouse's benefit by one penny.
Author: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Vermont divorce law
Key Facts: Vermont Divorce & Social Security (2026)
| Fact | Detail |
|---|---|
| Vermont Filing Fee | $295 (as of April 2026, verify with your local Superior Court clerk) |
| Waiting Period | 90 days minimum after service; nisi period of 90 days after decree |
| Residency Requirement | 6 months to file; 1 year before final hearing (15 V.S.A. § 592) |
| Grounds | No-fault (6 months living separate and apart) or fault-based (15 V.S.A. § 551) |
| Property Division | Equitable distribution (15 V.S.A. § 751) |
| Marriage Length for SS Benefits | 10 years minimum (42 U.S.C. § 402(b)(1)) |
| Maximum Ex-Spouse Benefit | 50% of ex's Primary Insurance Amount at full retirement age |
| Minimum Age to Claim | 62 (reduced) or full retirement age (unreduced) |
How Social Security Divorced Spouse Benefits Work in Vermont
Social Security divorced spouse benefits allow eligible Vermonters to receive up to 50% of their ex-spouse's Primary Insurance Amount (PIA) at full retirement age, which is 67 for anyone born in 1960 or later. The benefit is governed by 42 U.S.C. § 402(b) and administered federally by the Social Security Administration, not Vermont courts. Filing a Vermont divorce under 15 V.S.A. § 551 does not affect your federal entitlement.
The program was designed in 1965 to protect non-working spouses, predominantly women, who sacrificed career earnings during marriage. In 2026, the average divorced spouse benefit is approximately $912 per month according to SSA data, though high-earner ex-spouses can generate benefits exceeding $1,800 monthly for their former partners. Importantly, claiming as a divorced spouse does not reduce your ex's retirement check, nor does it affect any current spouse's entitlement. The SSA treats these benefits as wholly independent payments drawn from the ex-spouse's earnings record.
Vermont's equitable distribution statute at 15 V.S.A. § 751 cannot divide Social Security benefits directly because federal law (42 U.S.C. § 407) preempts state court authority over Social Security assets. However, Vermont judges can consider expected Social Security income when dividing marital property and awarding spousal maintenance under 15 V.S.A. § 752.
The 10-Year Marriage Rule Explained
To qualify for ex spouse social security divorce benefits, your marriage must have lasted at least 10 years from the date of marriage to the date your divorce was finalized by a Vermont Superior Court. A marriage of 9 years and 11 months yields zero benefit; 10 years and 1 day yields full eligibility. This rule is codified at 42 U.S.C. § 416(d)(1) and has been enforced without exception since 1977.
The 10-year clock starts on your legal wedding date and stops when a Vermont family court enters the final divorce decree. Vermont's 90-day nisi period under 15 V.S.A. § 554 matters here: your divorce is not final until the nisi period expires, which means couples approaching the 10-year mark should carefully time their filings. A divorce petition filed at year 9 that becomes final at year 10 years and 4 months preserves the benefit.
If you remarried and that second marriage also ended, you may qualify for benefits on either ex-spouse's record (choosing the higher benefit). If you are currently married, you cannot claim divorced spouse benefits at all unless your current marriage ends. Same-sex Vermont divorces receive identical treatment following the 2015 Obergefell decision and 2021 SSA policy updates.
When Can You Start Collecting?
You can begin collecting Social Security divorced spouse benefits at age 62, but claiming early permanently reduces your benefit by approximately 25-30%. Waiting until your full retirement age of 67 (for those born 1960 or later) yields the maximum 50% of your ex's PIA. Unlike retirement benefits, divorced spouse benefits do not earn delayed retirement credits after full retirement age, so there is no advantage to waiting past 67.
A 62-year-old Vermonter claiming against an ex whose PIA is $3,000 would receive approximately $1,050 monthly (35% of $3,000 instead of the full 50%). The same person waiting until age 67 would receive $1,500 monthly, a difference of $5,400 per year for life. Over a 20-year retirement, early filing costs approximately $108,000 in cumulative benefits. The SSA publishes reduction tables at ssa.gov/benefits/retirement/planner/agereduction.html.
One critical Vermont-specific consideration: if you divorced at least 2 years ago, you can claim divorced spouse benefits even if your ex has not yet filed for their own retirement, provided they are at least 62. This "independently entitled" rule under 42 U.S.C. § 402(b)(4) prevents a bitter ex from blocking your benefits by delaying their own filing.
How Much Will You Receive?
The maximum Social Security benefits divorced spouses can receive equals 50% of the ex-spouse's Primary Insurance Amount at full retirement age. In 2026, with the average PIA around $1,976 and the maximum PIA near $4,018 for high earners, Vermont divorcees typically receive between $600 and $2,000 per month. Your own work history does not affect this calculation; the benefit is based entirely on your ex's earnings record.
The SSA uses a "dual entitlement" rule: if you are also entitled to retirement benefits on your own work record, you receive whichever amount is higher, not both combined. For example, a Vermont teacher with her own $1,400 monthly benefit whose ex-husband's 50% spousal benefit equals $1,600 would receive $1,600 (the higher amount), not $3,000.
Cost of living adjustments apply annually; the 2026 COLA was 2.5%, following a 3.2% increase in 2025. Divorced spouse benefits are subject to federal income tax if your combined income exceeds $25,000 (single) or $32,000 (joint). Vermont also taxes Social Security benefits for residents with adjusted gross income above $50,000 single or $65,000 joint under 32 V.S.A. § 5811, though a 2022 expansion increased exemption thresholds.
Comparison: Your Benefit vs. Ex-Spouse Benefit vs. Survivor Benefit
| Benefit Type | Eligibility | Maximum Amount | Age to Claim |
|---|---|---|---|
| Own Retirement | 40 work credits (10 years) | 100% of your PIA | 62-70 |
| Divorced Spouse | 10+ year marriage, unmarried, age 62+ | 50% of ex's PIA | 62 (reduced) / 67 (full) |
| Divorced Survivor | 10+ year marriage, ex deceased | 100% of ex's benefit | 60 (50 if disabled) |
| Current Spouse | Currently married 1+ year | 50% of spouse's PIA | 62 (reduced) / 67 (full) |
Divorced survivor benefits deserve special attention in Vermont estate planning. If your ex-spouse dies, you can receive 100% of their benefit (not 50%) as a surviving divorced spouse starting at age 60, or age 50 if you are disabled. You can even remarry after age 60 without losing survivor benefits, per 42 U.S.C. § 402(e)(1).
Remarriage and Its Impact on Benefits
Remarriage before age 60 terminates your divorced spouse benefits immediately upon the new marriage, though the benefit can be restored if the new marriage ends by divorce, annulment, or death. Remarriage after age 60 does not affect divorced survivor benefits if your original ex-spouse has died. These rules are codified at 42 U.S.C. § 402(b)(1)(C) and have caused countless Vermonters to delay second weddings until after their 60th birthday.
Consider a Vermont scenario: Sarah divorces after a 15-year marriage at age 50. At 58, she wants to remarry Tom. If she marries Tom at 58 and her ex-husband is still alive, she forfeits her divorced spouse benefit for the duration of her marriage to Tom. If her ex-husband dies while she is married to Tom, she still cannot claim survivor benefits because she remarried before 60. Waiting two years until age 60 preserves all future survivor rights.
Your ex-spouse's remarriage has zero effect on your benefits. Whether your ex remarries once, three times, or never, your 50% divorced spouse benefit remains intact. The SSA does not coordinate or reduce benefits among multiple ex-spouses; a man married four times for 10+ years each could have four former wives all collecting 50% of his PIA simultaneously.
How to File for Divorced Spouse Benefits in Vermont
You apply for Social Security divorced spouse benefits directly with the Social Security Administration, not with Vermont courts. File online at ssa.gov, by phone at 1-800-772-1213, or in person at Vermont SSA field offices in Burlington, Rutland, Montpelier, or Brattleboro. Applications should be submitted 3 months before you want benefits to begin, per SSA processing timelines.
Required documentation includes: your birth certificate, your marriage certificate, your Vermont divorce decree (certified copy from the Vermont Superior Court where the divorce was granted), your ex-spouse's Social Security number or date and place of birth, and your own Social Security number. If you do not know your ex's SSN, the SSA can usually locate their record using their full legal name, birthdate, and parents' names.
Vermont certified divorce decrees cost approximately $15-$25 from the Superior Court clerk's office. The Vermont Judiciary's vermontjudiciary.org portal allows online requests in most counties. Processing at SSA typically takes 4-6 weeks; retroactive benefits can be paid up to 6 months back for most claimants, though not before age 62 or before your full retirement age for non-reduced benefits.
How Vermont Divorce Courts Treat Social Security
Vermont Superior Courts cannot divide Social Security benefits as marital property under 15 V.S.A. § 751 because federal law preempts state authority (Hisquierdo v. Hisquierdo, 439 U.S. 572, 1979). However, Vermont judges regularly consider anticipated Social Security income when determining spousal maintenance awards under 15 V.S.A. § 752 and when crafting equitable distributions of pensions and retirement accounts.
In Golden v. Cooper-Ellis, 2007 VT 15, the Vermont Supreme Court affirmed that trial courts may account for the disparity between a working spouse's future Social Security and a homemaker's benefits when dividing a marital estate. Practically, this means a Vermont judge might award a larger share of the 401(k) to the spouse with lower Social Security expectations, even though the Social Security itself cannot be touched.
Vermont attorneys routinely request SSA Form 7004 (Request for Earnings and Benefit Estimate Statement) during discovery to quantify each spouse's projected benefits. The statement shows lifetime earnings and estimated retirement benefits at ages 62, 67, and 70, providing critical data for negotiating property settlements. Discovery of Social Security records in Vermont divorces is governed by Vermont Rules of Family Procedure Rule 4.2.
Frequently Asked Questions
Does claiming my ex's Social Security reduce their benefit in Vermont?
No. Under 42 U.S.C. § 402(b), divorced spouse benefits are paid from federal Social Security trust funds and do not reduce your ex-spouse's retirement check by any amount. Your ex will not be notified that you filed, and their benefit, their current spouse's benefit, and their children's benefits remain entirely unchanged.
What if my Vermont marriage lasted exactly 9 years and 11 months?
You receive zero divorced spouse benefits. The 10-year rule at 42 U.S.C. § 416(d)(1) is absolute, with no exceptions for near-misses. Vermont divorces take effect after a 90-day nisi period under 15 V.S.A. § 554, so couples approaching 10 years should carefully time their filing to protect this lifetime benefit worth potentially $200,000+.
Can I collect on my ex-husband's Social Security if I remarried a Vermonter?
Not while you are currently married. Remarriage terminates divorced spouse benefits under 42 U.S.C. § 402(b)(1)(C). However, if your second marriage ends through divorce, annulment, or death, you can reclaim benefits on your first ex-husband's record, assuming that marriage lasted 10+ years.
How do I prove my Vermont divorce to the Social Security Administration?
Submit a certified copy of your divorce decree from the Vermont Superior Court that finalized your divorce. Certified copies cost $15-$25 (as of April 2026, verify with your local clerk) and can be requested through vermontjudiciary.org. The decree must show the marriage date, divorce date, and be stamped certified by the court clerk.
What if I do not know my ex-spouse's Social Security number?
The SSA can locate your ex's record using their full legal name, date of birth, place of birth, and parents' names. Provide as much identifying information as possible. Vermont divorce files at the Superior Court sometimes contain the ex's SSN from the financial affidavit required under Vermont Rule of Family Procedure 4.2.
Can I collect divorced spouse benefits while my ex is still working?
Yes, if you divorced at least 2 years ago and your ex is at least 62 years old, under 42 U.S.C. § 402(b)(4). This "independently entitled divorced spouse" rule prevents your ex from blocking your benefits by delaying retirement. If you divorced less than 2 years ago, your ex must have filed for their own benefits before you can claim.
Will Vermont tax my Social Security divorced spouse benefits?
Partially. Vermont taxes Social Security for residents with AGI above $50,000 single or $65,000 joint under 32 V.S.A. § 5811, with a phase-out up to $60,000/$75,000. A 2022 expansion exempts most middle-income retirees. Federal tax applies if combined income exceeds $25,000 single or $32,000 joint under 26 U.S.C. § 86.
What happens to benefits if my Vermont ex-spouse dies?
You may qualify for divorced survivor benefits worth 100% of your ex's benefit (not 50%) starting at age 60, or age 50 if disabled, under 42 U.S.C. § 402(e). Your marriage must have lasted 10+ years. Unlike spousal benefits, you can remarry after age 60 without losing survivor benefits on your deceased ex's record.
Can my Vermont attorney help me claim Social Security in my divorce?
Vermont divorce attorneys cannot directly claim Social Security for you because the benefit is administered exclusively by the SSA. However, experienced attorneys in Burlington, Montpelier, and Rutland help clients quantify expected benefits during property division negotiations under 15 V.S.A. § 751 and time divorce filings to preserve the 10-year rule.
How much is the average divorced spouse benefit in 2026?
The average Social Security benefits divorced spouse recipients receive in 2026 is approximately $912 per month, following the 2.5% COLA increase. High-earner ex-spouses with maximum PIA of $4,018 can generate divorced spouse benefits up to $2,009 monthly. Your actual amount depends entirely on your ex-spouse's lifetime earnings record.