What Your Ex-Spouse Can Receive From Your SSDI Record

Your ex-spouse can receive benefits on your Social Security Disability Insurance record, but only under specific conditions. She does not get a share of your monthly payment. Instead, she receives her own separate benefit amount calculated from your earnings record, and it does not reduce what you receive each month.

The Social Security Administration treats an ex-spouse's benefit differently than a current spouse's. Your ex must meet age and duration-of-marriage requirements, and she cannot be married to someone else. If she meets those conditions, she can claim a benefit based on your work history without your permission or knowledge.

Key Takeaways

  • Your ex-spouse can receive a benefit on your SSDI record if you were married at least 10 years and she is at least 62 years old, or any age if she is caring for your child under 16.
  • Her benefit is calculated separately and does not reduce your monthly SSDI payment.
  • She cannot be currently married to anyone else to receive benefits on your record.
  • You do not need to agree or be notified when she claims; Social Security processes the claim based on your work history alone.
  • If she remarries, her benefits on your record stop immediately, though they may restart if that marriage ends.

The 10-Year Marriage Rule

The marriage must have lasted at least 10 years for your ex-spouse to claim on your SSDI record. Social Security counts from the date you married to the date the divorce was final. If you were married for 9 years and 11 months, she does not meet this requirement.

The 10-year rule applies only to the length of the marriage itself. It does not matter how long ago the divorce happened or how long you have been receiving SSDI. A person divorced 20 years ago can still claim if the original marriage lasted 10 years or more.

Age and Caregiver Requirements

Your ex-spouse can claim on your record at age 62 or older. At that age, her benefit amount is reduced because she is claiming before her own full retirement age. The reduction is permanent—it does not increase later.

There is one exception: she can claim at any age if she is caring for your biological child who is under age 16 and also receiving benefits on your record. The child must be your child together, not a stepchild or adopted child from before the marriage. Once the child turns 16, her caregiver benefit stops, though she can claim again at 62.

How the Benefit Amount Is Calculated

Your ex-spouse's benefit is based on your earnings record and your Primary Insurance Amount—the benefit you would receive at your full retirement age. Social Security does not take money from your payment to give to her. Both of you receive separate amounts from the same earnings record.

If your ex-spouse is also may have access to to her own SSDI or retirement benefit based on her own work history, Social Security pays whichever is higher, not both. This is called the "deemed filing" rule. She cannot receive her own benefit plus a portion of yours.

Remarriage and Benefit Termination

If your ex-spouse remarries, her benefits on your record stop immediately. The new marriage ends her claim, even if she remarries at age 70 or later. This is different from retirement benefits, where remarriage after age 60 does not affect the benefit.

If her new marriage ends—through divorce, death of the new spouse, or annulment—she can reclaim benefits on your record if she still meets all other requirements. She would need to contact Social Security to restart the benefit, and it would begin the month after the previous marriage ended.

What You Need to Know About Notification

Social Security does not notify you when your ex-spouse claims benefits on your record. You will not receive a letter or phone call. The first you may learn of it is by reviewing your Social Security account online or receiving a letter about a change to your record.

You can check your Social Security account at ssa.gov using your username and password. The account shows your benefit amount and any dependents or ex-spouses receiving benefits on your record. If you see a claim you believe is incorrect, you can contact Social Security directly to report it.

Frequently Asked Questions

Does my ex-spouse's benefit reduce my SSDI payment?

No. Your ex-spouse receives her own separate benefit calculated from your earnings record. Your monthly SSDI amount does not change because she is claiming. The only exception is if you have minor children also receiving benefits; in that case, there is a family maximum, but it applies to the total paid to all family members, not to you individually.

Can I stop my ex-spouse from claiming on my record?

No. If she meets the requirements—10-year marriage, age 62 or older, and not currently married—she has the legal right to claim. You cannot block or prevent the claim. Your only option is to contact Social Security if you believe the information she provided is false.

What if we were married less than 10 years?

She cannot claim on your SSDI record. She would need to rely on her own work history. If she has not worked enough to may have access to for her own benefit, she would not receive anything based on your record.

Can my ex-spouse claim if I am still working and have not started SSDI yet?

No. Your ex-spouse can only claim on your record after you have begun receiving SSDI benefits. If you are still working and have not filed, she cannot claim yet, even if you are age 62 or older.

What happens to her benefits if I die?

Her SSDI benefits on your record end when you die. However, she may be able to receive survivor benefits as your ex-spouse, which are different from SSDI. Survivor benefits have their own rules and amounts. She should contact Social Security to learn what she may receive after your death.