You may be able to collect Social Security based on your ex-spouse's work record, even if they have remarried, and you do not need their permission or knowledge to do so.

If you were married for at least 10 years, are at least 62 years old, and are not currently married, you can claim benefits on your ex-spouse's Social Security record. The amount you receive does not reduce what your ex-spouse gets — Social Security treats this as a separate benefit. You do not need to contact your ex-spouse, get their approval, or even know where they are. The Social Security Administration (SSA) can locate them using their Social Security number.

The rules differ depending on whether your ex-spouse has already started collecting benefits, whether they are still living, and how old you are. Your own work record still matters: if your own benefits would be higher, you will receive that amount instead.

Key Takeaways

  • You must have been married for at least 10 years, be at least 62 years old, and not be currently married to claim on an ex-spouse's record.
  • If your ex-spouse is at least 62 and has not yet filed for benefits, you can still claim on their record without their knowledge or consent.
  • The benefit amount you receive does not reduce your ex-spouse's benefit — you are not taking money from them.
  • If you remarry, you lose the right to claim on your ex-spouse's record, though you may regain it if that marriage ends.
  • You can claim on your ex-spouse's record even if they have remarried multiple times.

The 10-Year Marriage Rule and Age Requirements

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 years and months, so confirm the exact dates on your marriage certificate and divorce decree.

You must be at least 62 years old to claim on an ex-spouse's record. If you claim before your full retirement age (which ranges from 66 to 67 depending on your birth year), your benefit will be permanently reduced — typically by 32 to 35 percent if you claim at 62. If you wait until your full retirement age, you receive the full amount. If you wait until 70, the benefit does not increase further on an ex-spouse's record the way it does on your own.

You cannot be currently married. If you remarry after divorce, you lose the right to claim on that ex-spouse's record. However, if your new marriage ends in divorce, death, or annulment, you regain the right to claim on the earlier ex-spouse's record.

When Your Ex-Spouse Has Not Yet Filed for Benefits

If your ex-spouse is at least 62 but has not yet filed for Social Security, you can still claim on their record. You do not need their permission, and they do not need to know. The SSA will contact them to verify they are alive and to gather information, but they will not be told that you have filed.

This rule applies only if your ex-spouse is at least 62. If they are younger than 62, you must wait until they reach 62 or until they file for benefits, whichever comes first. Once they file, you become immediately able to claim on their record if you meet all other requirements.

How the Benefit Amount Is Calculated

Your benefit on an ex-spouse's record is based on their Primary Insurance Amount (PIA) — the benefit they would receive at their full retirement age. The SSA calculates this from their lifetime earnings record. You receive a percentage of their PIA depending on your age when you claim.

However, if your own work record would give you a higher benefit, you receive your own benefit instead. The SSA automatically compares the two and pays whichever is larger. You cannot receive both simultaneously. This means if you have a strong work history, claiming on your ex-spouse's record may not increase your total benefit.

The benefit you receive does not reduce what your ex-spouse gets. Social Security does not deduct your payment from theirs. Each of you receives your own full benefit based on your respective records.

What Happens If Your Ex-Spouse Has Died

If your ex-spouse has died, you may be able to claim survivor benefits on their record. The rules are slightly different: you must be at least 60 years old (or 50 if you are disabled), and the 10-year marriage rule still applies. You do not need to be unmarried — you can claim survivor benefits on a deceased ex-spouse's record even if you are currently married.

Survivor benefits are typically higher than ex-spouse retirement benefits because they are calculated differently. If your ex-spouse had already begun collecting Social Security, survivor benefits are based on what they were receiving. If they had not yet filed, benefits are based on what they would have received at their full retirement age.

How to File and What Documents You Will Need

You can file for benefits on an ex-spouse's record in person at your local Social Security office, by phone at 1-800-772-1213, or online through the SSA's website at ssa.gov. Online filing is available if you are between 62 and full retirement age.

You will need to provide your Social Security number, proof of age (birth certificate), proof of citizenship or legal residency, and your divorce decree. The SSA will also ask for your ex-spouse's Social Security number if you have it, though they can locate them without it. Have your ex-spouse's full name, date of birth, and last known address available if you do not have their number.

Processing typically takes two to three months. The SSA will contact your ex-spouse to verify information on their record, but they will not tell them that you have filed. You will receive a decision letter in the mail explaining your benefit amount and when payments begin.

Remarriage and How It Affects Your Claim

If you remarry after your divorce, you immediately lose the right to claim on your ex-spouse's record. This applies even if you remarry and then divorce again — you cannot go back to the earlier ex-spouse's record while you are married to someone else.

If your new marriage ends (by divorce, death, or annulment), you regain the right to claim on the original ex-spouse's record, provided you still meet all other requirements. If you have multiple ex-spouses and meet the 10-year requirement with more than one, you can claim on the record of whichever ex-spouse gives you the highest benefit — but only one at a time, and only if you are not currently married.

Frequently Asked Questions

Can I claim on an ex-spouse's record if they do not know I am doing it?

Yes. You do not need their permission or knowledge. The SSA will verify information on their record, but they will not be told that you filed. Your ex-spouse will see the claim only if they contact Social Security to ask about their account.

Will claiming on my ex-spouse's record reduce their benefit?

No. Your benefit is separate from theirs. The SSA does not deduct your payment from what they receive. You are not taking money from them.

What if I have been married more than once and meet the 10-year rule with multiple ex-spouses?

You can claim on the record of whichever ex-spouse gives you the highest benefit, but only one at a time. You must be unmarried to claim on any ex-spouse's record. If you are currently married, you cannot claim on any ex-spouse's record until that marriage ends.

Can I claim survivor benefits on a deceased ex-spouse if I am currently married?

Yes. Survivor benefits have different rules than retirement benefits. You can claim on a deceased ex-spouse's record even if you are currently married, as long as you were married for at least 10 years and are at least 60 years old (or 50 if disabled).

What if my ex-spouse is still working and has not yet reached full retirement age?

You can still claim on their record if they are at least 62. Their earnings do not affect your benefit. However, if they have not yet reached full retirement age and are still working, their own benefit may be reduced by the SSA's earnings limit — but that does not affect what you receive.