This paper examines SSI policy toward marital status. Federal law provides a plan for a divorced spouse to receive Social Security benefits based partly on the Social Security benefit of the primary working spouse.The answer to that question is yes. A divorced wife or husband of an insured person is entitled to Social Security benefits based on their former spouse's work record. To get this benefit, the divorced spouse must be unmarried and 62 years old or older. Divorce attorneys in DuPage County helping clients with spousal maintenance or alimony issues. Social Security provides benefits and financial protection for you. SERS provides a Benefit Information for Divorce statement to help the parties value the benefit for divorce purposes. Illinois law sets forth a statutory formula for calculating alimony. You can apply for benefits on your former spouse's record even if he or she hasn't retired, as long as you divorced at least two years before applying.