Divorced spouse Social Security benefits and remarriage (20 CFR 404.331) come down to one condition in the regulation: to collect on a living ex-spouse’s record, you must be currently unmarried. Your own remarriage ends divorced-spouse benefits on a living ex at any age, while your ex-spouse’s remarriage has no effect on what you receive.
Under 20 CFR 404.331, a divorced spouse can claim on a living ex-spouse’s record only if the marriage lasted 10 years, the claimant is age 62 or older, and the claimant is currently unmarried. If you remarry, your divorced-spouse benefit on that living ex ends, at any age, because you no longer meet the “not married” condition. Your ex’s remarriage does not change your benefit.
What is 20 CFR 404.331, and who qualifies for divorced-spouse benefits?
20 CFR 404.331 is the Social Security regulation setting the conditions for a divorced spouse to collect on a living former spouse’s earnings record: a marriage that lasted at least 10 years, a claimant age 62 or older, a claimant who is currently unmarried, and a divorced-spouse amount larger than the claimant’s own benefit (Source: 20 CFR 404.331, 2026).
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The conditions under 20 CFR 404.331(a) are cumulative, so you must satisfy every one:
- You were validly married to the insured worker for at least 10 years immediately before the divorce became final.
- You are age 62 or older.
- You are not married now (the “you are not married” condition of 404.331(c)).
- You are not entitled to a retirement or disability benefit on your own record that equals or exceeds one-half of the worker’s primary insurance amount (PIA).
One added rule helps claimants whose ex has not filed. If you have been divorced for at least two continuous years and the worker is age 62 or older, you can claim on that record even though the worker has not started benefits, which SSA calls independent entitlement (Source: 20 CFR 404.331, 2026; SSA FAQ KA-01999, 2026).
Does remarriage stop my divorced-spouse benefits?
Yes. Your own remarriage ends divorced-spouse benefits on a living ex-spouse’s record, at any age. 20 CFR 404.331(c) requires that you be “not married” to remain entitled, so entitlement generally terminates the month you remarry (Source: 20 CFR 404.331, 2026). There is no age exception for spousal benefits on a living ex. You also must report the marriage to SSA.
A divorced-spouse benefit exists because you were once married to the worker, and remarrying replaces that legal tie with a new one. Once you remarry, SSA generally looks to your new spouse’s record for any spousal benefit.
SSA also imposes a reporting duty: you must tell Social Security when your marital status changes, because a remarriage that terminates entitlement can create an overpayment if benefits continue (Source: SSA, Filing Rules for Retirement and Spouses Benefits, 2026).
What if I remarry after age 60?
Remarrying after age 60 does not preserve divorced-spouse benefits on a living ex. The remarry-after-60 exception is a divorced-survivor rule that applies when the ex-spouse has died, not while the ex is alive. For a living ex, any remarriage at any age ends the divorced-spouse benefit under 20 CFR 404.331(c) (Source: 20 CFR 404.331; 20 CFR 404.336, 2026).
This is the most common point of confusion in this area, because the age-60 figure is real but attaches to a different benefit. If your ex has died, our companion explainer on Social Security survivor benefits covers the remarriage-after-60 exception; on a living ex, that exception does not apply.
What if my new marriage ends in divorce, death, or annulment?
Eligibility on your first ex can be restored. If a later marriage that ended your divorced-spouse benefit itself ends by divorce, death, or annulment, you again satisfy the “not married” condition of 20 CFR 404.331(c) and can requalify on the original ex-spouse’s record, assuming the 10-year and age requirements are still met (Source: 20 CFR 404.331, 2026).
The restoration is not automatic: you must apply again once you are unmarried, and benefits generally resume from the new application rather than retroactively. If you qualify on more than one former spouse’s record, SSA generally pays the higher amount.
Does it matter if my EX-spouse remarries?
No. Your ex-spouse’s remarriage does not affect your divorced-spouse benefit. Social Security pays a divorced-spouse benefit on the worker’s record independently, so the worker, the worker’s current spouse, and one or more qualifying ex-spouses can all be paid at the same time, and none of those payments reduces any other (Source: SSA, Benefits for Spouses, 2026).
Divorced-spouse benefits do not count against the worker’s family maximum, which is why an ex’s new marriage and new household have no bearing on your amount. If you were married 10 years, are age 62 or older, and are currently unmarried, your ex remarrying changes nothing about the up-to-50-percent-of-PIA benefit you may claim on that record.
Divorced-spouse vs divorced-survivor benefits: why the remarriage rules differ
Divorced-spouse benefits (living ex) and divorced-survivor benefits (deceased ex) follow different remarriage rules, and conflating them is the most frequent error retirees make. On a living ex under 20 CFR 404.331, any remarriage ends the benefit. On a deceased ex under 20 CFR 404.335 and 404.336, remarriage after age 60 (or 50 if disabled) does not end the survivor benefit (Source: 20 CFR 404.331, 404.335, 404.336, 2026).
| Feature | Divorced-spouse benefit (living ex) | Divorced-survivor benefit (deceased ex) |
|---|---|---|
| Governing regulation | 20 CFR 404.331 | 20 CFR 404.335 and 404.336 |
| Marriage length required | At least 10 years | At least 10 years |
| Effect of your remarriage | Ends the benefit at any age | Remarriage after age 60 (50 if disabled) does not end it |
| Maximum benefit | Up to 50% of ex’s PIA at FRA | Up to 100% of deceased ex’s benefit |
| Earliest claiming age | 62 | 60 (50 if disabled) |
The practical takeaway: if your ex is alive, treat “currently unmarried” as a hard condition; if your ex has died, a remarriage after 60 is safe for the survivor benefit.
Narrow exceptions to the remarriage rule
A few narrow situations do not terminate a divorced-spouse benefit even though a remarriage has occurred. The two that matter most are remarrying the same ex-spouse and, in limited cases, marrying a new spouse who is already entitled to certain Social Security auxiliary or survivor benefits (Source: SSA, Benefits for Spouses, 2026; 20 CFR 404.331, 2026).
- Remarrying the same worker. If you divorce, then later remarry the same ex-spouse, you have not married a new person, so a benefit tied to that worker is not lost on the ground of remarriage. Your entitlement is then evaluated under the current-spouse rules for that worker.
- New spouse drawing certain Social Security benefits. Under a longstanding SSA rule, marrying someone already entitled to certain Social Security benefits (for example, widow(er)’s, parent’s, or divorced-spouse benefits) can prevent the new marriage from terminating your benefit.
These carve-outs are narrow and depend on exact facts. Because an incorrect assumption can create an overpayment, confirm your situation directly with SSA before relying on either exception.
How much can I get, and how does it coordinate with my own benefit and taxes?
A divorced-spouse benefit tops out at 50 percent of the ex-spouse’s PIA, and only if you claim at full retirement age (66 to 67, depending on birth year). Claiming at 62 permanently reduces it to as little as 32.5 percent of the ex’s PIA for people born in 1960 or later. Deemed filing means SSA pays the higher of your own benefit or the divorced-spouse benefit, not both (Source: SSA, Benefits for Spouses, 2026).
Because deemed filing pays only the larger amount, the decision usually turns on which benefit is bigger. Your own retirement benefit can grow with delayed retirement credits worth 8.0 percent per year to age 70; a divorced-spouse benefit is capped at full retirement age and earns no credit for waiting past it (Source: SSA, Delayed Retirement Credits, 2026).
Claiming timing also shapes taxable income, because up to 85 percent of Social Security benefits become taxable once combined income passes statutory thresholds ($25,000 single, $32,000 married filing jointly for the first tier). Some retirees study lower-income years before benefits begin as room for a Roth conversion, weighing how much to convert against the 3.8 percent net investment income tax above $200,000 single or $250,000 joint MAGI. A conversion is taxable ordinary income, carries a firm December 31 deadline, and cannot be done from a required minimum distribution. Whether any of this fits your situation depends on total income and filing status, and it is a planning consideration rather than a recommendation.
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Frequently asked questions
Can I collect Social Security from my ex-spouse if I remarry?
Generally no, not on a living ex. Under 20 CFR 404.331(c) you must be currently unmarried, so remarrying ends divorced-spouse benefits on a living ex at any age. If that later marriage ends by divorce, death, or annulment, you can requalify on the original ex’s record. Divorced-survivor benefits on a deceased ex follow a different, remarry-after-60 rule (Source: 20 CFR 404.331, 2026).
Does my ex-spouse’s remarriage affect my benefits?
No. Your ex-spouse’s remarriage has no effect on your divorced-spouse benefit. SSA pays the worker, the worker’s current spouse, and qualifying ex-spouses independently, and none of those payments reduces another. What controls your eligibility is your own marital status, not your ex’s (Source: SSA, Benefits for Spouses, 2026).
Can I get my ex-husband’s Social Security benefits if he remarried?
Yes. If your marriage lasted at least 10 years, you are age 62 or older, and you are currently unmarried, you can claim on your ex-husband’s record even if he has remarried. His new marriage does not reduce or block your benefit, which can reach 50 percent of his PIA at your full retirement age (Source: 20 CFR 404.331, 2026; SSA FAQ KA-01999, 2026).
What happens to divorced-spouse benefits if I remarry after age 60?
On a living ex, remarrying after 60 still ends divorced-spouse benefits, because there is no age exception under 20 CFR 404.331(c). The remarry-after-60 exception applies only to divorced-survivor benefits, when the ex-spouse has died, under 20 CFR 404.335 and 404.336. Do not apply the survivor rule to a living ex (Source: 20 CFR 404.331, 404.336, 2026).
How long do you have to be married to collect divorced-spouse benefits?
At least 10 years. 20 CFR 404.331 requires a valid marriage that lasted 10 years immediately before the divorce became final. You must also be age 62 or older and currently unmarried, and your own benefit must be smaller than the divorced-spouse amount. If your ex has not filed, you can still claim after being divorced two years, once the worker is 62 (Source: 20 CFR 404.331, 2026).
This page is provided by Q3 Advisors for general informational and educational purposes only. It is not investment, tax, or legal advice, and it is not a recommendation to claim benefits at any particular time. Social Security and tax rules are complex and depend on individual circumstances, and figures cited carry the year and source shown. Consult a qualified professional before acting. Q3 Advisors is a registered investment adviser; registration does not imply a certain level of skill or training. Additional information is available in the firm’s Form ADV.
