You can claim Social Security based on your ex-spouse's earnings record, even if they have not yet claimed benefits themselves

If you were married for at least 10 years and are now divorced, you may be able to receive Social Security payments based on your ex-spouse's work history rather than your own. This is called a divorced spousal benefit. You do not need your ex-spouse's permission to claim, and claiming on their record does not reduce the amount they receive. The benefit amount depends on your age when you claim and your ex-spouse's earnings history.

The Social Security Administration (SSA) treats a divorced ex-spouse's record the same way it treats a current spouse's record for benefit purposes. Your ex-spouse must be at least 62 years old for you to claim on their record, unless you are caring for a child under 16 who is also may have access to to benefits on that record. You do not need to be in contact with your ex-spouse or have their cooperation.

Key Takeaways

  • You must have been married for at least 10 years and be at least 62 years old to claim a divorced spousal benefit on your ex-spouse's record.
  • Your ex-spouse must be at least 62 years old, but they do not have to have claimed benefits themselves for you to claim on their record.
  • The amount you receive depends on your age at the time you claim and your ex-spouse's Primary Insurance Amount (the benefit they would receive at their full retirement age).
  • If you were married more than once and each marriage lasted 10 years or longer, you can claim on the record that gives you the highest benefit.
  • Claiming before your full retirement age reduces your monthly payment, and the reduction is permanent.

The 10-year marriage requirement and other basic rules

The marriage must have lasted at least 10 years, counted from the date you married to the date the divorce was final. If you were married for 9 years and 11 months, you do not meet the requirement. The SSA counts the full day of the marriage and the full day of the divorce decree.

You must be at least 62 years old to claim. Your ex-spouse must be at least 62 years old as well. There is one exception: if you are caring for a child under 16 who is may have access to to benefits on your ex-spouse's record, you can claim at any age, but the child must be your biological child, adopted child, or stepchild from the marriage.

You must be unmarried at the time you claim. If you remarry, you lose the right to claim on your ex-spouse's record (though you may be able to claim on a new spouse's record if that marriage also lasted 10 years).

How the benefit amount is calculated

Your divorced spousal benefit is based on your ex-spouse's Primary Insurance Amount (PIA), which is the amount they would receive if they claimed at their full retirement age. The SSA calculates this from their lifetime earnings record. You do not need to know this number — the SSA will calculate it when you claim.

If you claim at your full retirement age, you receive up to 50 percent of your ex-spouse's PIA. If you claim before your full retirement age, the amount is reduced by a percentage that depends on how many months early you claim. For example, if your full retirement age is 67 and you claim at 62, your benefit is reduced by about 32 percent. The reduction is permanent — it does not increase later.

If your ex-spouse has already claimed benefits, their current payment amount does not affect what you receive. The SSA uses their PIA, not their current payment. If your ex-spouse delayed claiming past their full retirement age, their PIA is still the same — delayed retirement credits increase their own payment, not the amount available to you.

When your ex-spouse has not yet claimed benefits

You can claim on your ex-spouse's record even if they have not claimed benefits themselves, as long as they are at least 62 years old. You do not need to notify them or obtain their consent. The SSA will verify their age and earnings record directly.

If your ex-spouse has not yet claimed, the SSA will use their earnings record up to the current year to calculate their PIA. If they claim later and their earnings record has changed (for example, if they worked additional years), their PIA may be recalculated, but this does not change the amount you receive. Your benefit is locked in based on the PIA used when you claimed.

Multiple ex-spouses and choosing which record to claim on

If you were married more than once and each marriage lasted at least 10 years, you can claim on any of those ex-spouses' records. The SSA will not automatically choose the highest benefit for you — you must tell them which record you want to claim on. If you are unsure which will be higher, ask the SSA to calculate the benefit on each record before you claim.

You can only receive one benefit at a time. If you claim on one ex-spouse's record and later want to switch to another, you must contact the SSA to request the change. Switching may affect your benefit amount and the date your new claim begins.

How to claim and what documents you will need

You can claim in person at your local Social Security office, by phone at 1-800-772-1213, or online at ssa.gov. If you claim online, you will create a my Social Security account and complete the application. The online process usually takes about 15 minutes.

You will need to provide your Social Security number, birth certificate, proof of citizenship or legal residency, and your divorce decree. If your name has changed since the divorce, bring a document showing the name change (such as a marriage certificate or court order). The SSA may also ask for your ex-spouse's Social Security number, but if you do not have it, they can look it up using their name and date of birth.

After you submit your claim, the SSA will contact you if they need additional information. Processing typically takes 2 to 4 weeks. You will receive a notice in the mail confirming your claim and the amount of your benefit. Your first payment usually arrives within 3 to 5 months of your claim date.

How claiming age affects your monthly payment

Your full retirement age for a divorced spousal benefit is the same as your full retirement age for your own Social Security benefit. For people born in 1943 or later, full retirement age ranges from 66 to 67, depending on your birth year. You can claim as early as 62, but your payment will be permanently reduced.

The reduction for claiming early is about 32 to 35 percent if you claim at 62, depending on your exact full retirement age. If you claim at 63, the reduction is smaller. If you wait until your full retirement age, you receive the full 50 percent of your ex-spouse's PIA. If you delay past your full retirement age, your benefit does not increase — the 50 percent maximum is reached at your full retirement age.

This is different from claiming on your own work record, where delayed retirement credits increase your benefit if you wait past full retirement age. Divorced spousal benefits do not earn delayed credits.

What happens if your ex-spouse dies

If your ex-spouse dies, you may be able to claim a divorced survivor benefit instead. The rules are similar: the marriage must have lasted at least 10 years, and you must be at least 60 years old (or any age if you are caring for a child under 16). The survivor benefit is higher than the divorced spousal benefit — it can be up to 100 percent of what your ex-spouse was receiving or may have access to to receive, depending on your age.

You do not need to have been claiming the divorced spousal benefit to claim the survivor benefit. If you were not yet claiming when your ex-spouse died, you can claim the survivor benefit on your own. Contact the SSA as soon as possible after your ex-spouse's death to report it and ask about survivor benefits.

Frequently Asked Questions

Will claiming on my ex-spouse's record reduce their Social Security payment?

No. Your divorced spousal benefit does not affect the amount your ex-spouse receives. They receive their full benefit based on their own work record, and you receive your benefit based on theirs. The two payments are independent.

Can my ex-spouse prevent me from claiming on their record?

No. Once the marriage lasted 10 years and you meet the age requirements, you have the right to claim. Your ex-spouse cannot block your claim or be notified that you have claimed. The SSA does not require their permission or cooperation.

What if I was married for exactly 10 years?

The marriage must have lasted at least 10 years. If you married on January 15, 2000, and your divorce was final on January 15, 2010, you meet the requirement. The SSA counts both the first day and the last day of the marriage.

Can I claim on my ex-spouse's record if they are still working?

Yes. Your ex-spouse's current work status does not affect your right to claim. They can be working full-time, part-time, or not working at all. As long as they are at least 62 years old and the marriage lasted 10 years, you can claim.

If I claim early, can I change my mind and wait for a higher payment later?

You can withdraw your claim within 12 months of claiming and repay all benefits received, which restores your right to claim again at a later date. After 12 months, you cannot withdraw. If you claim early on a divorced spousal benefit, the reduction is permanent if you do not withdraw within the 12-month window.