What divorced spouses can claim on their ex's Social Security record

If you were married for at least 10 years and are now divorced, you may be able to claim Social Security benefits based on your ex-spouse's earnings record — even if they have remarried, and even if they have not yet claimed benefits themselves. You do not need your ex's permission or cooperation to do this. The benefit amount is calculated differently than your own retirement benefit would be, and the rules about when you can claim and how much you receive depend on your age and your ex's age.

This is called a divorced spousal benefit. It is a separate entitlement from any benefit you might receive on your own work record. You can claim one, the other, or both, depending on your circumstances and the rules in effect when you claim.

Key Takeaways

  • You must have been married for at least 10 years, be at least 62 years old, and be unmarried now to claim on an ex's record.
  • Your ex does not have to be claiming benefits yet, and does not have to agree — Social Security can process your claim without their involvement.
  • The amount you receive depends on your age when you claim and your ex's Primary Insurance Amount, not on what your ex is actually receiving.
  • If you remarry, you lose the right to claim on that ex's record, though you may be able to claim on a new spouse's record if the marriage lasts 10 years.
  • You will need your ex's Social Security number and birth date to file, or you can provide their name and date of birth and let Social Security locate the record.

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. A few days short of 10 years disqualifies you. The 10 years do not have to be continuous — if you divorced, remarried the same person, and divorced again, Social Security counts the total time married to that person across both marriages.

You must be at least 62 years old to claim. You must be unmarried at the time you claim — if you remarry after divorce, you lose the right to claim on that ex's record. However, if that new marriage ends in divorce and lasted 10 years or more, you can then claim on the new ex's record instead.

Your ex must be at least 62 years old for you to claim on their record. If your ex has not yet reached 62, you cannot claim until they do, even if they are deceased. (If your ex is deceased, different rules apply — see the FAQ section below.)

How the benefit amount is calculated

Social Security calculates your divorced spousal benefit based on your ex's Primary Insurance Amount (PIA) — the benefit amount they would receive at their full retirement age. This is not the same as what your ex is actually receiving. Your ex might be receiving less because they claimed early, or more because they delayed claiming, but your divorced spousal benefit is calculated from the PIA alone.

The maximum divorced spousal benefit is 50% of your ex's PIA, but only if you wait until your full retirement age to claim. If you claim at 62, the benefit is reduced — the reduction depends on how many months before your full retirement age you claim. The younger you are when you claim, the smaller the monthly payment.

Your own work record also matters. Social Security will calculate what you would receive on your own record at your full retirement age. If your divorced spousal benefit would be higher, you receive the difference between the two. If your own benefit would be higher, you receive only your own benefit — the divorced spousal does not add anything.

When your ex does not have to be claiming yet

You can claim a divorced spousal benefit even if your ex has not yet claimed benefits themselves. Your ex must be at least 62 years old, but they do not have to have filed. Social Security will use their earnings record to calculate your benefit regardless of whether they have started receiving payments.

This is different from spousal benefits for current spouses, where the current spouse usually must have already claimed. The divorced spousal rules are more flexible because the marriage has ended and Social Security does not require your ex's active participation.

Your ex does not have to know you are claiming, and they do not receive any notification that you have done so. Your claim does not affect the amount your ex receives when they eventually claim.

Claiming before your full retirement age and the earnings test

If you claim before your full retirement age, Social Security applies an earnings test. For 2024, if you earn more than $23,400 per year, Social Security reduces your benefit by $1 for every $2 you earn above that amount. The earnings limit changes each year. This test applies only until you reach your full retirement age; after that, you can earn any amount without a reduction.

The earnings test counts only your own wages and self-employment income. It does not count investment income, pensions, or other benefits. If you are still working and claiming before full retirement age, you should tell Social Security about your expected earnings when you file.

What happens if your ex remarries or dies

If your ex remarries, it does not affect your divorced spousal benefit. You can continue to receive it. However, if you remarry, you lose the right to claim on that ex's record — you would then need to claim on your new spouse's record if you are still married to them, or on a different ex's record if you have another ex you were married to for 10 years or more.

If your ex dies, your divorced spousal benefit ends, but you may become may have access to to a divorced survivor benefit instead. This is a separate calculation and can be higher than the spousal benefit you were receiving. The rules for survivor benefits are different and depend on your age and your ex's age at death.

How to claim and what documents you will need

You can claim online through Social Security's website, by phone at 1-800-772-1213, or in person at your local Social Security office. You will need your Social Security number, birth certificate, proof of citizenship or legal residency, and your marriage certificate. You will also need your divorce decree.

You will need to provide your ex's Social Security number if you have it, or their full name and date of birth. If you do not have their Social Security number, Social Security can search for it using the name and date of birth. You do not need to contact your ex or obtain their permission.

Social Security will verify your ex's earnings record and calculate your benefit. The process usually takes a few weeks. You will receive a notice showing the amount you are may have access to to and when payments will begin.

Frequently Asked Questions

Can I claim on my ex's record if they have remarried?

Yes. Your ex's remarriage does not affect your right to claim a divorced spousal benefit. However, if you remarry, you lose the right to claim on that particular ex's record. You would then need to claim on your new spouse's record or on a different ex's record if you were married to them for 10 years or more.

What if my ex is deceased?

You may be may have access to to a divorced survivor benefit instead of a spousal benefit. The rules are different: you can claim as early as age 60 (or 50 if you are disabled), and the benefit amount is calculated differently. Contact Social Security to learn what you may receive based on your ex's record and your age.

Will claiming on my ex's record reduce what my ex receives?

No. Your claim does not change your ex's benefit amount. Social Security calculates your divorced spousal benefit from your ex's Primary Insurance Amount, but your ex's actual payments are not affected by your claim.

Can I claim on more than one ex's record?

No. You can claim on only one ex's record at a time. However, if you have been married to multiple people for 10 years or more each, Social Security will calculate what you would receive on each record and pay you based on whichever is highest.

What if I was married for exactly 10 years?

You may have access to. The 10-year requirement is met if the marriage lasted at least 10 years. A marriage that ended on the 10-year anniversary counts as meeting the requirement.