What an ex-spouse can collect from your Social Security
Yes, your ex-spouse can receive benefits based on your Social Security record even if you have remarried, and even if they have not yet claimed their own benefits. They do not need your permission, and it does not reduce the amount you receive. The payment comes from Social Security's overall fund, not from your personal benefit.
This is called ex-spouse benefits, and it exists because Social Security treats marriage as a financial partnership. When you were married, your ex-spouse may have given up earning years or career advancement. The law lets them draw on your work record to offset that loss.
The rules are strict, though. Your ex-spouse cannot straightforward call Social Security and start collecting. They must meet specific conditions about the length of the marriage, your age, and their own age and marital status.
Key Takeaways
- Your ex-spouse can collect benefits on your record if you were married at least 10 years, you are at least 62 years old, and they are at least 62 years old.
- Your ex-spouse's benefit does not reduce your own benefit amount, and you do not need to have claimed yet for them to claim on your record.
- If your ex-spouse remarries, they lose the right to collect on your record unless that new marriage ends.
- Social Security will not tell you when or if your ex-spouse has claimed; you may never know it happened.
- The amount your ex-spouse receives depends on their age when they claim and on your full retirement age benefit amount.
The 10-year marriage rule and other requirements
Your ex-spouse must have been married to you for at least 10 years. The marriage does not have to have been recent—a marriage that ended 30 years ago still counts. Social Security counts the years from the date you married to the date the divorce was final.
Both of you must be at least 62 years old. Your ex-spouse can claim at 62 even if you have not yet claimed, but the amount they receive will be reduced because they are claiming early. If they wait until their own full retirement age (usually 66 to 67, depending on birth year), they receive a larger amount.
Your ex-spouse must be unmarried at the time they claim. If they remarry after the divorce, they lose the right to collect on your record. If that second marriage ends—through divorce, death, or annulment—they regain the right to claim on your record.
You must be at least 62 years old, but you do not have to have claimed your own benefits yet. This is different from the rule for current spouses, who generally cannot claim until you have claimed first.
How much your ex-spouse can receive
The maximum amount your ex-spouse can receive is up to 50 percent of your full retirement age benefit amount—the amount you would receive if you waited until your full retirement age to claim. This is called your primary insurance amount, or PIA.
If your ex-spouse claims at their full retirement age, they receive exactly half of your PIA. If they claim at 62 (the earliest age allowed), the amount is reduced—typically to about 32 to 35 percent of your PIA, depending on their birth year. If they wait past their full retirement age, the amount does not increase further; it stays at 50 percent of your PIA.
The amount your ex-spouse receives has no effect on your benefit. You receive your full amount regardless of whether they claim, and their amount does not come out of your check. Social Security pays them separately from its overall trust fund.
When your ex-spouse can claim without you having claimed
If you are at least 62 and your ex-spouse is at least 62, they can claim on your record even if you have not claimed yet. This is a major difference from the rules for current spouses.
However, if you have not yet reached your full retirement age and you do claim, your own benefit will be reduced for claiming early. Your ex-spouse's ability to claim does not change that reduction. The two claims are separate.
If you are younger than 62, your ex-spouse cannot claim on your record, even if they are 62 or older. They must wait until you reach 62.
What happens if your ex-spouse remarries
If your ex-spouse remarries, they when ready lose the right to collect on your record. Social Security will stop their payments. If the new marriage ends—whether by divorce, death, or annulment—they can resume collecting on your record, but there may be a delay while Social Security processes the change.
This rule applies even if the new marriage lasts only a few months. The moment they marry someone else, the ex-spouse benefit stops.
If your ex-spouse is already collecting on your record and then remarries, Social Security will contact them to let them know payments will end. They should report the remarriage to Social Security as soon as possible to avoid overpayment.
Whether you will know if your ex-spouse claims
Social Security does not notify you when your ex-spouse claims benefits on your record. You will not receive a letter, email, or phone call. Your ex-spouse's claim is confidential between them and Social Security.
You can contact Social Security directly and ask whether anyone has claimed on your record, but Social Security may not disclose this information to you. The agency treats each person's claim as private. Your best source of information is your own Social Security statement, which you can view online through your my Social Security account at ssa.gov. The statement shows your own benefit amount but typically does not list who else may be collecting on your record.
If you suspect your ex-spouse has claimed and you want to verify it, you can call Social Security at 1-800-772-1213 and ask. Be prepared to provide your Social Security number and other identifying information.
How this affects your own benefits and your current spouse
Your ex-spouse's claim does not reduce your benefit in any way. You receive your full amount based on your own work record, regardless of how many ex-spouses are collecting on that record.
If you are currently married, your current spouse's benefits are also unaffected. Your current spouse can claim spousal benefits (up to 50 percent of your full retirement age amount) without reducing your benefit or your ex-spouse's benefit. Social Security has enough in its trust fund to pay all three of you.
However, if you are currently married and you claim before your full retirement age, your current spouse's spousal benefit will also be reduced if they claim at the same time. This is a separate rule and does not involve your ex-spouse.
What to do if you think an ex-spouse may claim on your record
You do not need to do anything to prevent your ex-spouse from claiming, because the law allows it if the conditions are met. If you want to know whether they have claimed, contact Social Security directly.
If you believe your ex-spouse does not meet the requirements (for example, you were married fewer than 10 years, or they have remarried), you can report this to Social Security. Have your divorce decree and any marriage records ready. Social Security will investigate and stop payments if the claim was made in error.
If you are concerned about your ex-spouse's claim affecting your own decision about when to claim, remember that their claim is independent of yours. Claim when it makes sense for your own financial situation. Your ex-spouse's choice does not change the math for your own benefit.
Frequently Asked Questions
Can my ex-spouse claim if we were married fewer than 10 years?
No. Social Security requires at least 10 years of marriage for ex-spouse benefits. If you were married for 9 years and 11 months, they cannot claim on your record. They can only claim on their own work record or on a different ex-spouse's record if that marriage lasted 10 years or more.
Does my ex-spouse have to tell me they are claiming on my record?
No. Social Security does not require your ex-spouse to notify you. They can claim without your knowledge. You will not find out unless you contact Social Security directly or unless you happen to see a reference to it in your own Social Security records.
What if my ex-spouse is collecting disability benefits—can they still claim on my record?
If your ex-spouse is receiving disability benefits on their own record, they cannot also receive ex-spouse benefits on your record at the same time. However, when they reach full retirement age, their disability benefit converts to a retirement benefit, and at that point they may be able to switch to an ex-spouse benefit if it is higher.
Can my ex-spouse claim if I have not claimed yet and I am still working?
Yes, if you are both at least 62 years old. Your ex-spouse can claim on your record even if you are still working and have not claimed yet. Your continued work does not affect their right to claim, though it may affect your own benefit amount when you eventually claim.
If my ex-spouse claims on my record, does that affect when I can claim?
No. Your ex-spouse's claim is completely separate from your own. You can claim whenever you choose (at 62 or later), and their claim does not change your benefit amount or the rules about early claiming reductions.