With Divorced Spouse benefits, there is a timeline element involved. First and foremost, the marriage must have been for at least ten continuous years. Secondly, the rules are different based on how much time has passed since the divorce was finalized. The difference comes down to a Divorcee being considered "Independently Entitled" when the divorce has been longer than two years. In that instance, the primary worker does not have to have yet filed.
For those divorced two years or greater with a marriage history of a continuous 10 years or more, the requirements are as follows:
- Be the divorced spouse of a fully insured worker age 62 or greater
- Have attained age 62
- Filed an application
- Not currently married
- Claimant is not entitled to a Retirement Insurance Benefit (RIB) based on a Primary Insurance Amount (PIA) greater than or equal to 50% of the PIA for the Number Holder (NH).
For those divorced two years or less, and married for a total of ten continuous years or greater, the requirements are as follows:
- Be the divorced spouse of NH entitled to a RIB or a Disability Insurance Benefit (DIB)
- Have attained age 62
- Filed an application
- Not currently married
- Claimant is not entitled to a Retirement Insurance Benefit (RB) based on a Primary Insurance Amount (PIA) greater than or equal to 50% of the PIA for the Number Holder (NH).