What is the process for a divorced individual in California to claim Social Security benefits based on an ex-spouse's work record?
In California, you can claim Social Security benefits based on your ex-spouse's work record if you meet specific federal requirements. The process involves confirming your eligibility, gathering documents, and submitting an application to the Social Security Administration (SSA).
Here is the process for claiming these benefits:
Step 1: Confirm Your Eligibility
Before you apply, you must meet five key conditions. Your marriage must have lasted for 10 years or longer, you must be currently unmarried, you must be age 62 or older, and your ex-spouse must be entitled to their own Social Security retirement or disability benefits. Finally, the benefit you would receive based on your own work record must be less than the benefit you would receive based on your ex-spouse's record.
Step 2: Gather Required Documents
You will need several documents to prove your eligibility. Collect your original birth certificate, your Social Security card, your original marriage certificate, and your final divorce decree. If you know your ex-spouse's Social Security number, have that available as well. If not, the SSA can usually locate it for you.
Step 3: Decide When to Apply
You can apply as early as age 62, but your benefit amount will be permanently reduced. To receive the maximum possible benefit (up to 50% of your ex-spouse's full retirement amount), you should wait until you reach your own full retirement age.
Step 4: Submit Your Application
You can apply in one of three ways: online at the official SSA website (www.ssa.gov), by calling the SSA's national number at 1-800-772-1213 to apply by phone, or by scheduling an appointment at your local Social Security office. It is best to apply about three months before you want your benefits to begin.
Important Details and Nuances
Your claim for benefits will not affect the amount your ex-spouse or their current spouse receives. The SSA will not notify your ex-spouse that you have filed a claim.
Warnings and Limitations
If you remarry, you generally lose your eligibility to claim benefits on your ex-spouse's record. You will receive either your own retirement benefit or the spousal benefit, whichever is higher; you do not receive both.
This is general information and does not constitute legal advice. For complex situations, such as those involving disability or other government benefits, you should consult with a qualified California attorney.
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Social Security
Benefits, disability claims, and retirement planning
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