Can You Collect Social Security Benefits From an Ex-Spouse?

Yes, you may be able to collect Social Security benefits from an ex-spouse if your marriage lasted at least 10 years, you are at least 62, you are unmarried, and you meet other Social Security requirements. A divorced-spouse benefit can be up to 50% of your living ex-spouse’s full-retirement-age benefit, but claiming early usually reduces it. Different rules apply if your ex-spouse has died, and receiving benefits on their record does not reduce what they receive.

Who qualifies for Social Security benefits from an ex-spouse?

The Social Security Administration, or SSA, determines eligibility under federal law. You do not need your ex-spouse’s permission, and a divorce judge does not award this benefit as part of a property settlement.

For benefits based on a living ex-spouse’s record, you generally must meet these requirements:

• Your marriage lasted at least 10 years before the divorce became final.
• You are at least 62 years old.
• You are currently unmarried.
• Your ex-spouse is entitled to Social Security retirement or disability benefits, or meets the independent-entitlement rules below.
• Your own retirement benefit is lower than the divorced-spouse benefit under SSA’s calculation rules.

You do not need a work history of your own to qualify. Someone who spent years caring for children or handling unpaid family responsibilities may be eligible through a former spouse’s record.

Does your ex-spouse have to claim benefits first?

Not always. If your ex-spouse has not applied, you may still qualify when the divorce has been final for at least two continuous years and your ex-spouse is at least 62 and eligible for retirement benefits.

This is often called independently entitled divorced-spouse eligibility. It prevents an eligible ex-spouse from blocking your benefits simply by postponing their own application.

The two-year divorce requirement generally does not apply when your ex-spouse is already entitled to retirement or disability benefits.

How does the 10-year marriage rule work?

The relevant dates generally are your legal marriage date and the date your divorce became final—not when you separated or filed papers. Living apart while still legally married does not, by itself, end the marriage for this calculation.

If your divorce is approaching your tenth anniversary, verify the dates with SSA and discuss the timing with your attorney. Do not assume that being married for “almost 10 years” is enough.

How much can you receive on an ex-spouse’s record?

At your full retirement age, the maximum divorced-spouse benefit is generally 50% of your ex-spouse’s primary insurance amount. That is the benefit they would receive at their full retirement age, before adjustments for claiming early or delaying retirement.

It is not necessarily half of the check they currently receive.

For example, suppose your ex-spouse’s full-retirement-age benefit is $2,400 per month. Your maximum divorced-spouse amount would generally be $1,200 if you claim at your own full retirement age and qualify for the full amount.

Your ex-spouse’s delayed retirement credits do not increase that maximum. Conversely, their early retirement generally does not lower the base used to calculate your living divorced-spouse benefit. Survivor benefits work differently.

Can you collect your own retirement benefit plus half of theirs?

Not as two full benefits stacked together. SSA generally pays your own retirement benefit first, then adds any divorced-spouse excess you qualify for.

Using the example above, if your own full-retirement-age benefit is $900, SSA might pay that $900 plus a $300 divorced-spouse excess, for a $1,200 total. The example assumes you claim at full retirement age and no other adjustments apply.

If your own benefit is higher than the available divorced-spouse amount under SSA’s rules, you generally receive only your own benefit. A smaller check caused by your own early claiming does not automatically establish eligibility for a spousal supplement.

Ask SSA for an estimate based on both records rather than relying on your ex-spouse’s current payment.

How do your claiming age and employment affect payments?

You can generally begin living divorced-spouse benefits at 62, but claiming before your full retirement age usually produces a lasting reduction.

Your full retirement age depends on your birth year. Starting at the earliest eligible age can leave you with substantially less than the maximum 50% amount, so compare estimates for several possible starting dates.

Does waiting until 70 increase a divorced-spouse benefit?

A divorced-spouse benefit does not earn delayed retirement credits after your full retirement age. Your own retirement benefit, however, can earn those credits up to age 70.

For most people applying today, deemed filing rules mean that applying for retirement or spousal benefits counts as applying for both when eligible. You generally cannot claim only a divorced-spouse benefit while allowing your own retirement benefit to grow.

Limited exceptions exist, including certain older birth-date categories. Survivor benefits also have different filing rules, so ask SSA before choosing a strategy.

What if you are still working?

Before full retirement age, earnings above SSA’s annual earnings-test limits can cause benefits to be withheld. A different limit applies during the year you reach full retirement age, and the test stops beginning with the month you reach that age.

These limits change over time. Check the current figures at SSA.gov rather than using an old article or a friend’s experience. Wages and net self-employment income generally count; investment income and pensions generally do not count for this earnings test.

What changes if your ex-spouse has died?

You may qualify for surviving divorced-spouse benefits, which have different age, payment, and remarriage rules.

Generally, the marriage must have lasted at least 10 years. Benefits may begin at age 60, or as early as 50 if you meet SSA’s disability requirements. Separate rules may apply when you care for the deceased worker’s qualifying child; ask SSA about that situation directly.

Your ex-spouse generally must have worked long enough under Social Security, but they do not have to have been receiving benefits when they died.

Issue	Living ex-spouse benefit	Surviving divorced-spouse benefit
Usual earliest eligibility age	62	60, or 50 with qualifying disability
Marriage duration	Generally at least 10 years	Generally at least 10 years; some caregiving situations have different rules
Potential maximum	Up to 50% of the worker’s full-retirement-age benefit	Up to 100% of the applicable survivor amount
Delayed retirement credits earned by the worker	Do not increase the spousal maximum	Can increase survivor benefits
Remarriage	Generally prevents eligibility while the new marriage continues	Remarriage at or after 60, or 50 with qualifying disability, generally does not prevent eligibility

The actual survivor amount depends on your claiming age, the deceased worker’s record, and their claiming history. Their early retirement can limit the amount available, so “100%” is not a promise of a particular payment.

Unlike regular spousal benefits, survivor benefits are not subject to the same deemed-filing rules. You may be able to receive one benefit first and switch to the other later—for example, survivor benefits followed by your own retirement benefit at 70. Request estimates before deciding.

Does remarriage affect eligibility or your ex-spouse’s payments?

For benefits on a living ex-spouse’s record, remarriage generally ends or prevents eligibility. If the later marriage ends through divorce, annulment, or death, you may become eligible again, depending on the circumstances.

Survivor benefits have the age-based remarriage exceptions described above. Before remarrying, ask SSA how your wedding date could affect existing or future benefits.

Your ex-spouse’s remarriage is different: it does not, by itself, disqualify you. Their current spouse may qualify on the same work record without eliminating your eligibility.

Will your claim take money away from anyone else?

A divorced-spouse benefit does not reduce your ex-spouse’s retirement payment or the benefits payable to their current spouse. Benefits paid to a surviving divorced spouse generally do not count toward the family maximum that limits other survivors’ benefits.

You are claiming a federal benefit—not asking SSA to divide your ex-spouse’s check. Their consent is not required.

If you had more than one marriage lasting at least 10 years, tell SSA. You may qualify under more than one record, but you cannot simply add together multiple full divorced-spouse benefits.

How do you apply for divorced-spouse benefits?

Start by reviewing your own earnings record through a my Social Security account at SSA.gov. Then contact SSA to discuss eligibility based on your former spouse’s record and request estimates for different claiming ages.

You can call 800-772-1213 or contact a local Social Security office. Some retirement and spouse-benefit applications can be completed online, depending on your situation. Survivor-benefit applications generally require contacting SSA rather than applying online.

Gather these documents and details

SSA may request:

• Your Social Security number and proof of age.
• Your marriage certificate and final divorce decree.
• Your ex-spouse’s name, date of birth, and Social Security number, if known.
• Information about later marriages and how they ended.
• Recent earnings information and bank details for direct deposit.
• A death certificate or other death information for a survivor claim.

If you do not know your ex-spouse’s Social Security number, contact SSA anyway. Other identifying information may help the agency locate the correct record. Do not delay asking about an application simply because you lack one document.

Before choosing a start date, ask: “What would I receive on my own record, what additional amount could I receive on my ex-spouse’s record, and how would that change if I waited?”

What should you check before finalizing your divorce?

Social Security benefits are separate from dividing retirement accounts or negotiating alimony. A divorce agreement generally cannot waive your federal eligibility or require SSA to pay benefits you do not qualify for.

Still, the financial decisions interact. Before signing a settlement:

• Confirm the marriage dates. A final decree shortly before the tenth anniversary can have significant consequences.
• Use your own estimates. Do not build a budget around half of your ex-spouse’s current check.
• Review support language. Receiving Social Security may matter to alimony under your order and applicable state law.
• Keep certified records. Save your marriage certificate, divorce decree, and documents ending any later marriage.

Social Security eligibility is federal, but divorce and support laws vary by state. Speak with a local divorce attorney about settlement timing and support obligations, and confirm benefit eligibility directly with SSA. Divorcesify provides general information, not legal advice.

Key takeaways

• You generally need a marriage lasting at least 10 years, age 62 or older, and unmarried status to qualify on a living ex-spouse’s record.
• The maximum is generally 50% of their full-retirement-age benefit—not necessarily half their current check.
• Early claiming, your own retirement benefit, and earnings can affect payments.
• Your claim does not reduce your ex-spouse’s benefits or require their permission.
• Survivor benefits have different rules and may offer additional claiming options.
• Ask SSA for personalized estimates before choosing when to apply.