New York Social Security Divorce Benefits Calculator

Yes, you can collect Social Security based on your ex-spouse's record if your marriage lasted at least 10 years, you are currently unmarried, you are at least 62 years old, and your ex-spouse is eligible for Social Security benefits. Under 42 USC § 402, these are federal rules that apply to all New York residents regardless of what your divorce decree states—your ex-spouse cannot block your claim, and the SSA will not notify them that you are collecting benefits.

You can receive up to 50% of your ex-spouse's Primary Insurance Amount (PIA) if you claim at your full retirement age, which is 67 for those born in 1960 or later. Claiming at age 62 permanently reduces your benefit to approximately 32.5% of their PIA—a 35% reduction. For example, if your ex-spouse's full retirement benefit is $2,400 monthly, you could receive up to $1,200 at FRA or roughly $780 at age 62.

No, claiming benefits on your ex-spouse's record does not reduce their Social Security payments in any way. The Social Security Administration treats divorced spouse benefits as entirely separate from your ex-spouse's retirement benefits. Your ex-spouse will receive their full benefit amount, their current spouse's benefits are unaffected, and the SSA will not inform your ex-spouse that you have filed a claim on their record.

If you remarry, you lose eligibility for divorced spouse benefits from a living ex-spouse immediately. However, if that subsequent marriage ends through divorce, death, or annulment, your eligibility can be restored. The rules differ for survivor benefits: if your ex-spouse is deceased and you remarry after age 60 (or age 50 if disabled), you can continue receiving survivor benefits based on their record without losing eligibility.

Yes, if your ex-spouse dies and your marriage lasted at least 10 years, you may qualify for survivor benefits worth 71.5% to 100% of their benefit amount depending on when you claim. Claiming at your full retirement age provides 100% of their benefit, while claiming at age 60 provides 71.5%. Unlike divorced spouse benefits, you can receive survivor benefits even if you remarried after age 60, and if you were already receiving divorced spouse benefits, the SSA will automatically switch you to survivor benefits when the death is reported.

The optimal timing depends on your financial needs and health. Claiming at age 62 provides 32.5% of your ex-spouse's PIA, while waiting until FRA (age 67 for those born 1960+) provides the maximum 50%. Unlike your own retirement benefits, there is no advantage to delaying divorced spouse benefits past FRA—they will not increase beyond 50%. If you're still working before FRA, the 2025 earnings test reduces benefits by $1 for every $2 earned above $23,400.

The Social Security Administration automatically pays you the higher benefit. If your own retirement benefit based on your work record is higher than the divorced spouse benefit, you receive only your own benefit. If the divorced spouse benefit is higher, SSA pays your own benefit first plus the difference needed to equal the divorced spouse benefit. You cannot collect both full amounts—the combined payment equals whichever benefit is larger.

You can apply by calling the SSA at 1-800-772-1213, visiting your local Social Security office, or completing Form SSA-2 online for divorced spouse benefits (or Form SSA-10 for survivor benefits). You will need your marriage certificate, final divorce decree, birth certificate, proof of citizenship, and your ex-spouse's Social Security number. If you don't have their SSN, provide their date of birth, birthplace, and parents' names. Don't delay applying if you're missing documents—the SSA can help you obtain them.