What divorced spouses can receive on an ex's Social Security record

If you were married 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 instead of your own. You do not need your ex's permission, and claiming on their record does not reduce the amount they receive. The benefit you get is typically half of what your ex is may have access to to at their full retirement age, though the exact amount depends on your age when you claim and your own earnings history.

This option exists whether your ex has already claimed benefits or not. If your ex has not yet claimed, you can claim on their record once you reach age 62 and the divorce has been final for at least two years. If your ex has already started receiving benefits, you can claim immediately once you meet the age requirement, without waiting the two-year period.

The Social Security Administration (SSA) does not contact you about this option — you must contact them. Many divorced people never learn they can claim this way, or they claim on their own record first and later realize they would have received more money by waiting and claiming on their ex's record instead.

Key Takeaways

  • You must have been married for at least 10 years, be at least 62 years old, and be divorced for at least two years (unless your ex is already receiving benefits).
  • Claiming on your ex's record at age 62 gives you roughly 32 to 35 percent of their full retirement age benefit; waiting until your full retirement age gives you about 50 percent.
  • Your own earnings record is still considered — if your own benefit would be higher, you receive that instead, and the ex-spouse benefit does not add to it.
  • Contact the Social Security Administration directly by phone, in person, or online to claim; do not assume your ex will notify them or that the agency will find you.
  • Once you claim, you cannot undo it, so understanding the difference between claiming at 62 versus your full retirement age matters financially for decades.

The 10-year marriage requirement and divorce finality

The marriage must have lasted at least 10 years, counted from the wedding date to the divorce decree date. If you were married 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 papers before you contact them.

The divorce must be final. A legal separation does not count. Once the divorce is complete, you can claim on your ex's record even if your ex is still married to someone else, or even if your ex has remarried. Your ex's current marital status does not affect your right to claim.

If you have been divorced more than once and each marriage lasted 10 years or longer, you can choose which ex-spouse's record to claim on. You do not have to claim on the most recent one. The SSA will help you compare the amounts and choose the record that gives you the larger benefit.

Age requirements and how much you receive

You must be at least 62 years old to claim on your ex's record. If you claim at 62, your benefit is reduced from what it would be at your full retirement age. The reduction is roughly 32 to 35 percent, depending on your birth year. If you wait until your full retirement age (which ranges from 66 to 67 depending on your birth year), you receive approximately 50 percent of what your ex is may have access to to at their full retirement age.

If you wait past your full retirement age, your benefit does not increase further. Unlike your own retirement benefit, which grows 8 percent per year if you delay past full retirement age, the ex-spouse benefit maxes out at your full retirement age. This means there is no financial advantage to waiting past that point.

Your own earnings record is always considered. The SSA calculates what you would receive based on your own work history, and what you would receive based on your ex's record. You receive whichever is higher. The two benefits do not combine — you get one or the other. If your own benefit is larger, claiming on your ex's record will not increase your total payment.

When your ex has not yet claimed benefits

If your ex has not started receiving Social Security, you must wait two years after the divorce is final before you can claim on their record. This is true even if your ex is old enough to claim. You cannot claim before that two-year window closes, regardless of your age or how long the marriage lasted.

Once two years have passed since the divorce became final, you can claim on your ex's record at any time after you turn 62. Your ex does not have to claim first. The SSA will process your claim based on your ex's earnings record whether or not your ex has filed for benefits yet.

If your ex dies before claiming, you may be able to claim survivor benefits instead, which are different from spousal benefits and have different rules. Contact the SSA if your ex passes away.

When your ex is already receiving benefits

If your ex has already started collecting Social Security, you do not have to wait the two-year period. You can claim on their record as soon as you turn 62, even if the divorce was finalized only recently. The only requirement is that you are at least 62 and the divorce is final.

Your ex's current benefit amount does not change when you claim on their record. They continue to receive exactly what they were receiving before. The SSA pays you a separate benefit based on their earnings history; it does not come out of their check.

How to claim and what documents you need

Contact the Social Security Administration to claim. You can call 1-800-772-1213 (TTY 1-800-325-0778), visit a local SSA office in person, or create an account on ssa.gov and apply online. The online application is available 24 hours a day. If you call or visit in person, bring the documents listed below.

You will need: your birth certificate or a certified copy; your divorce decree; your Social Security card or a record of your Social Security number; proof of citizenship or legal residency (passport, naturalization papers, or green card); and a photo ID. If you have changed your name since the divorce, bring documentation of the name change as well.

The SSA will verify your ex's earnings record using the information you provide. You do not need to contact your ex or obtain their permission. The agency has access to all earnings records and can confirm the marriage and divorce dates using public records.

After you submit your claim, the SSA typically processes it within two to three weeks if you apply online or in person, or up to six weeks if you apply by phone. You will receive a notice in the mail confirming whether your claim was approved and what your monthly benefit will be.

How claiming on your ex's record affects your own benefit later

If you claim on your ex's record at 62, you are also filing for your own retirement benefit at the same time. You cannot claim on your ex's record without also claiming on your own record. The SSA pays you whichever is higher, but you cannot receive both.

Once you claim, you cannot change your mind and switch to the other record later. If you claim at 62 and your own benefit would have been larger at a later age, you are locked into the lower amount. This is why understanding the math before you claim matters. Some people claim early on their own record and later regret it when they realize their ex-spouse benefit would have been larger if they had waited.

If you are still working and earning above a certain threshold, your benefit may be reduced. In 2024, if you are under your full retirement age and earn more than $23,400 per year, the SSA reduces your benefit by $1 for every $2 you earn above that amount. Once you reach your full retirement age, there is no earnings limit.

Frequently Asked Questions

Can I claim on my ex's record if we are still on good terms but I have not told them?

Yes. You do not need your ex's knowledge or consent. The SSA does not notify your ex when you claim on their record, and your claim does not affect the amount they receive. You can claim without ever telling them.

What if my ex remarried or is now married to someone else?

Your ex's current marital status does not affect your right to claim on their record. You can claim whether your ex is single, remarried, or married to someone else. The only requirement is that your marriage to them lasted at least 10 years and your divorce is final.

If I claim at 62, can I wait and claim more at 70?

No. Once you claim on your ex's record, that is your benefit for life. You cannot undo it and claim a larger amount later. The ex-spouse benefit also does not increase after your full retirement age, so waiting past that point gives you no additional money.

What happens if my ex dies after I start claiming?

Your benefit may change. Survivor benefits are calculated differently from spousal benefits and are often higher. Contact the SSA immediately if your ex dies so they can recalculate your payment based on survivor benefit rules.

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

No. You can claim on only one ex-spouse's record. If you have been married more than once for 10 years or longer, you choose which ex's record gives you the larger benefit. The SSA will help you compare the amounts.