Social Security Benefits And Minnesota Divorce What You Need to Know

UPDATE: May 2025

Ex’s With Benefits: Navigating the complexities of divorce and Social Security can be challenging, but understanding how they interact might offer unexpected advantages.

Collecting Social Security benefits after a Minnesota divorce

When you’re going through a divorce, the last thing you want to think about is Social Security. But if you’re over the age of 60 and ending a long-term marriage, Social Security and divorce can intersect in surprising ways that may have a big impact on your financial future.

In this guide, we’ll break down everything you need to know about collecting Social Security benefits after a Minnesota divorce, including eligibility requirements, how much you can collect, and common pitfalls to avoid. It’s not thrilling reading, but understanding this now can help you avoid costly mistakes later.

Why Social Security Matters in Divorce

Let’s start with the obvious: Social Security is a big deal. For many retirees—especially those who didn’t earn much income or who stayed home to raise kids—it’s the main source of retirement income. If you’re divorced, you may be eligible to claim benefits based on your ex-spouse’s work history, which could increase your monthly payments significantly.

And no—claiming Social Security based on your ex’s record won’t reduce what they receive. It’s not a pie that gets smaller the more people take a slice.

How Social Security Works for Divorced Spouses

If you were married for a significant period of time, you may be entitled to benefits based on your former spouse’s earnings history—even after divorce. It sounds almost too good to be true, but it’s real, and it can make a big difference.

Conditions to Qualify For Social Security Benefits 

To collect Social Security benefits after divorce in Minnesota, the following criteria must be met:

1. Your marriage lasted 10 years or longer.
   This is measured from the date of the legal marriage to the date the judge signs the divorce decree—not when you separated or moved out.

2. You are currently unmarried.
   Your ex can be remarried, but you must remain unmarried to qualify based on their record. If you do remarry, your eligibility is paused—but not necessarily gone for good (more on that below).

3. You are age 62 or older.
   You must be at least 62 to apply, though your benefits may be higher if you wait until full retirement age.

4. Your ex-spouse is eligible for Social Security.
   They don’t have to be collecting yet, just eligible. If you’ve been divorced for at least two years, you can apply regardless of whether they’ve applied for their benefits.

5. The benefit you’d get based on your own work record is less than the benefit based on your ex’s record.
   If your own benefit is higher, you’ll just collect on your own.

What If You Remarry?

Here’s where it gets a little more complex. If you remarry, you generally can’t receive benefits based on your ex-spouse’s record—at least while that new marriage is active. But if your new marriage ends (either through death or divorce), your eligibility based on your previous spouse’s record can be restored.

This provision exists to protect people from being penalized for entering new relationships later in life.

Real-Life Example: Jane and Bob

Jane and Bob were married for 15 years. Jane stayed home to raise their kids while Bob worked as an engineer. They divorced when Jane was 55. At age 62, Jane finds out she can collect Social Security based on Bob’s record since:

• Their marriage lasted over 10 years,

• Jane is unmarried,

• Jane is over age 62,

• Bob qualifies for Social Security,

• And Jane’s own work history results in a lower monthly benefit than Bob’s.

Jane applies and starts receiving benefits based on Bob’s record—without affecting Bob’s benefit at all.

What You’ll Receive

Divorced Spouse Benefits: Half of Your Ex’s Full Benefit

If you meet the requirements above, your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount (or disability benefit), provided you wait until your full retirement age to begin collecting.

If you start collecting early, the amount will be reduced.

Not a Shared Social Security Pot

It’s worth repeating: your ex’s benefit is not reduced by your claim. This is often misunderstood and a frequent source of drama in divorce cases. If your ex is bitter or uncooperative, they may try to convince you otherwise. Don’t fall for it—this is your legal right under federal law.

Applying for Benefits Based on Your Ex’s Record

How to Apply

You can apply online through the Social Security Administration’s website, call your local SSA office, or make an appointment in person.

Here’s what you’ll need:

• Your ex-spouse’s Social Security number (or as much identifying info as you have)

• Your own birth certificate

• Marriage certificate

• Divorce decree

• Employment history

• Any W-2 forms or tax returns

What If Your Ex Refuses to Cooperate?

Let’s say your ex is dragging their feet, either out of spite or ignorance, and hasn’t yet applied for Social Security. That doesn’t matter. As long as:

• You’ve been divorced for two years or more, and

• Your ex qualifies for Social Security benefits,

—you can apply based on their record regardless of whether they’ve started collecting.

Your Own Work History vs. Divorced Spouse Benefit

Coordinating Between Your Record and Theirs

If you qualify for benefits under both your own work record and your ex’s, the SSA will pay the higher amount. You won’t receive both—you’ll receive the greater of the two.

Strategy Tip: Delay Your Own Benefit

You can choose to collect just the divorced spouse benefit starting at your full retirement age and delay your own retirement benefit. This allows your own benefit to grow due to delayed retirement credits, potentially increasing your monthly payments once you switch over.

Before doing this, we highly recommend consulting with:

• A financial planner who understands Social Security timing strategies

• A family law attorney who can clarify how your divorce decree might affect this

Other Considerations in Divorce and Social Security

Military and Government Pensions

If your ex-spouse receives a government or military pension that wasn’t covered by Social Security, it may affect the amount you’re eligible for. This gets technical quickly, so it’s best to bring in an expert if this applies.

Social Security Survivor Benefits

If your ex-spouse dies, you may qualify for survivor benefits, which are often higher than the divorced spouse benefit. The eligibility rules are a bit different here, but broadly speaking:

• You must be at least 60 years old (or 50 if disabled)

• You must have been married to your ex for 10+ years

• You must not be remarried before age 60

Again, remarriage can complicate things, but it doesn’t automatically disqualify you.

What Divorce Lawyers Often Miss

Most divorce attorneys—myself included—don’t specialize in Social Security law. We might include language in your decree about retirement assets, pensions, or spousal maintenance, but Social Security operates under federal law and is usually not something divided in divorce court.

But here’s the thing: too many attorneys completely overlook it when looking at future budgets. They don’t ask the right questions. They don’t explain what’s possible. And they may leave money on the table.

That’s why it’s so important to:

1. Ask your divorce attorney what they know about Social Security.

2. Consult a financial planner who understands spousal and divorced-spouse benefits.

3. Start early. Don’t wait until you’re 65 to figure this out.

Wrapping It Up: Don’t Leave Free Money Behind On The Divorce Table

When it comes to Social Security and divorce, there’s no magic wand, but there is a legal structure in place that can help you access income in retirement—even if you’re no longer married to the person who earned it.

It’s not about taking anything away from your ex. It’s about making sure you get what you’re entitled to.

Quick Recap

• If you were married 10+ years, are 62+, and are unmarried, you may qualify.

• Your ex doesn’t need to apply, just be eligible.

• Your benefit is up to half of their full retirement benefit.

• Remarriage can pause your eligibility—but not always permanently.

• Survivor benefits may be available if your ex passes away.

• Talk to a Social Security-savvy planner before filing.

Final Thoughts

Divorce is hard enough. You shouldn’t also have to worry about missing out on retirement income because of an overlooked federal benefit. Make sure you bring up Social Security and divorce during your planning stages, and don’t be afraid to get a second opinion from a financial advisor or elder law attorney.

If you have questions about divorce in Minnesota or how Social Security could affect your post-divorce life, feel free to reach out. We’re happy to connect you with the right professionals or review your situation.

Information obtained in mankatofamilylaw.com may contain knowledgeable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota-licensed Attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in your Family Law matter, contact 507-625-5000.