Yes, your ex-spouse can collect Social Security based on your earnings record, even if you have remarried — and you do not need to be retired first.

An ex-spouse becomes may have access to to a portion of your Social Security benefit under specific conditions. The Social Security Administration calls this spousal benefit on an ex-spouse's record. Your ex does not need your permission, and claiming does not reduce the amount you receive. The rules are the same whether your ex remarried, and they explore regardless of whether you have already started collecting.

The key requirement is that your marriage lasted at least 10 years. If it did, your ex can claim a spousal benefit based on your earnings history once they reach age 62, even if you have not yet retired. You will not see a reduction in your own benefit, and you will not be notified when your ex claims.

Key Takeaways

  • An ex-spouse can collect a spousal benefit on your Social Security record if the marriage lasted 10 years or more.
  • Your ex can claim at age 62 or later, regardless of whether you have retired or started collecting yourself.
  • Your ex's claim does not reduce your own Social Security benefit in any way.
  • The ex-spouse must be unmarried at the time they claim, unless they remarried after age 60 (or 50 if disabled).
  • If your ex remarries before age 60, they lose the right to claim on your record unless the later marriage ends.

The 10-Year Marriage Rule

The marriage must have lasted at least 10 years for an ex-spouse to have any claim on your Social Security record. The Social Security Administration counts from the date you married to the date the divorce was final. If you were married for 9 years and 11 months, your ex does not may have access to.

If you were married for 10 years or longer, your ex remains may have access to to a spousal benefit for life, even if they remarry after age 60. This is one of the few circumstances under which remarriage does not end the benefit.

When Your Ex Can Start Collecting

Your ex-spouse can claim a spousal benefit at age 62, the earliest age Social Security allows anyone to claim. They do not have to wait for you to retire or start collecting. You can be working full-time, not yet retired, or still years away from claiming, and your ex can still file.

If your ex waits past age 62 to claim, the monthly benefit amount increases. The exact increase depends on their age when they claim. Someone who waits until their full retirement age (which varies by birth year, typically between 66 and 67) receives a higher monthly amount than someone who claims at 62.

How Much Your Ex Receives

The spousal benefit is typically up to 50 percent of your primary insurance amount — the benefit you would receive at your full retirement age. The exact amount your ex receives depends on their age when they claim and your earnings record.

If your ex claims at 62, they receive less than 50 percent because they are claiming early. If they wait until their full retirement age, they can receive up to 50 percent of your benefit. The Social Security Administration calculates the exact amount based on your earnings history and their birth date.

Your own benefit is not affected. If you later claim Social Security, you receive your full benefit based on your own earnings record. Your ex's claim does not reduce what you get.

Remarriage and Your Ex's may be able to access

If your ex remarries before age 60, they lose the right to claim on your record. If the later marriage ends (by death, divorce, or annulment), they can claim on your record again.

If your ex remarries at age 60 or later, they keep the right to claim on your record. This is an exception to the general rule that remarriage ends spousal benefits. Your ex can collect on your record even if they are married to someone else, as long as they were at least 60 when that later marriage took place.

If your ex is disabled, the age threshold is 50 instead of 60. A disabled ex-spouse who remarries at 50 or later keeps the right to claim on your record.

What Happens If You Remarry

Your remarriage does not affect your ex-spouse's right to claim on your record. Your current spouse has no impact on your ex's benefit, and your ex's claim has no impact on what your current spouse might receive.

If you remarry and your new spouse is also may have access to to a spousal benefit, both benefits are paid from your earnings record. The total amount paid to all ex-spouses and current spouses combined cannot exceed a certain family maximum, but in most cases this limit does not come into play.

Divorced and Disabled Before Age 62

If your ex-spouse became disabled before age 62, they may be able to claim a benefit on your record as early as age 50. The marriage must still have lasted 10 years, and the disability must have begun before age 22 or must be a continuation of a disability that started before age 22.

A disabled ex-spouse can claim at 50 even if you have not yet retired. The benefit amount is reduced because they are claiming before their full retirement age, but the option exists if the disability meets Social Security's definition.

Frequently Asked Questions

Does my ex-spouse have to tell me they are claiming on my record?

No. Your ex does not need your permission or knowledge. The Social Security Administration does not notify you when an ex-spouse claims. You may never know unless your ex tells you or you contact Social Security directly to ask.

If my ex claims on my record, does my benefit get smaller?

No. Your ex-spouse's claim does not reduce your Social Security benefit at all. You receive your full benefit based on your own earnings record, regardless of how many ex-spouses claim on that record.

What if I remarried and my ex-spouse also remarried — can they still claim on my record?

Yes, if your ex remarried at age 60 or later (or age 50 if disabled). Remarriage after those ages does not end their right to claim on your record. Both of you can be remarried and your ex can still receive a spousal benefit based on your earnings history.

Can my ex-spouse claim if we were married for exactly 10 years?

Yes. The requirement is that the marriage lasted at least 10 years. If your divorce was final on the 10-year anniversary or later, your ex meets the requirement. If the divorce was final before the 10-year mark, they do not.

What if my ex-spouse is still working — can they still claim?

Yes. An ex-spouse can claim a spousal benefit while still working. However, if they claim before their full retirement age and earn above a certain amount, Social Security will withhold part of their benefit. Once they reach their full retirement age, earnings do not affect the benefit.