Yes, you may be able to collect on your ex-husband's Social Security record if your marriage lasted at least 10 years
If you were married for 10 years or longer and are now divorced, you may receive Social Security benefits based on your ex-husband's earnings record instead of your own — or in addition to your own, depending on your age and circumstances. You do not need his permission or agreement to do this. The Social Security Administration (SSA) can pay you based on his record even if he has not yet claimed benefits himself, as long as he is at least 62 years old.
This is called divorced spousal benefits or ex-spousal benefits. The amount you receive depends on your age when you claim, your ex-husband's earnings history, and whether you are also may have access to to benefits on your own record. The payment comes from the Social Security trust fund, not from your ex-husband's own benefit amount — his benefits do not shrink because you claim on his record.
Key Takeaways
- You must have been married for at least 10 years, be at least 62 years old, and be unmarried at the time you claim.
- Your ex-husband does not have to be claiming benefits yet, but he must be at least 62 years old and you must have been divorced for at least two years (unless he is already receiving benefits).
- The amount you receive is based on his earnings record and your age at claim, not on how much he is receiving.
- You can claim on your ex-husband's record even if he remarries, and his remarriage does not affect your benefits.
- Contact the Social Security Administration directly to report your marriage history and explore what you may receive.
The 10-Year Marriage Rule and Other Basic Requirements
The marriage must have lasted at least 10 years, counted from the date you married to the date the divorce was final. A marriage that lasted 9 years and 11 months does not may have access to. If you were married more than once, each marriage is counted separately — you do not add them together.
You must be at least 62 years old to claim divorced spousal benefits. You must also be unmarried at the time you claim. If you remarry, you lose the right to collect on your ex-husband's record (though you may be able to collect on a new spouse's record if that marriage also lasted 10 years).
Your ex-husband must be at least 62 years old. If he has not yet claimed his own benefits, you must have been divorced for at least two years before you can claim on his record — unless he is already receiving benefits, in which case you can claim right away after the divorce is final.
How the Payment Amount Is Calculated
The Social Security Administration calculates your divorced spousal benefit based on your ex-husband's Primary Insurance Amount (PIA) — the benefit amount he would receive if he claimed at his full retirement age. Your payment is a percentage of that amount, depending on your age when you claim.
If you claim at 62 (the earliest age), you receive roughly 32 to 35 percent of his PIA. If you wait until your full retirement age (which ranges from 66 to 67 depending on your birth year), you receive roughly 50 percent of his PIA. If you wait until 70, the payment does not increase further — the maximum divorced spousal benefit is 50 percent of his PIA at your full retirement age.
The SSA will also look at your own earnings record. If your own benefit at full retirement age would be higher than 50 percent of your ex-husband's PIA, you receive your own benefit instead. If your own benefit is lower, you may receive a combination: your own full benefit plus a partial divorced spousal benefit to bring the total to 50 percent of his PIA (if you are at full retirement age).
When Your Ex-Husband Has Not Claimed Yet
You do not have to wait for your ex-husband to claim benefits in order for you to claim on his record. However, there is a two-year waiting period: you must have been divorced for at least two years before you can claim on his record if he has not yet claimed his own benefits.
The exception is if your ex-husband is already receiving benefits. In that case, you can claim on his record as soon as your divorce is final, without waiting two years.
Your ex-husband does not receive any notice that you have claimed on his record, and his own benefit amount is not affected by your claim. You are drawing from the Social Security trust fund based on his earnings history, not from his personal benefit payment.
How to Report Your Marriage History to Social Security
Contact the Social Security Administration to report that you were married and are now divorced. You can do this by calling 1-800-772-1213 (TTY 1-800-325-0778), visiting your local Social Security office in person, or creating an account on ssa.gov and sending a message through your account.
Have the following information ready: your full name, date of birth, Social Security number, your ex-husband's full name, date of birth, and Social Security number (if you know it), the date you married, and the date your divorce was final. You will also need to provide proof of the marriage (marriage certificate) and proof of the divorce (divorce decree).
The SSA will review your ex-husband's earnings record and tell you what amount you may receive based on your age and his work history. You do not need to contact your ex-husband or obtain his permission.
Remarriage and Other Changes That Affect Your Benefits
If you remarry, you lose the right to collect on your ex-husband's record. However, if that new marriage also lasted at least 10 years and ends in divorce, you may be able to claim on your new ex-spouse's record instead.
If your ex-husband remarries, it does not affect your benefits. You can continue to collect on his record regardless of whether he remarries or how many times he remarries.
If your ex-husband dies, you may be may have access to to survivor benefits based on his record. These are different from divorced spousal benefits and have different rules. Contact the SSA to learn what you may receive if your ex-husband passes away.
Divorced Spousal Benefits Versus Your Own Benefit
The SSA will compare your own benefit (based on your own earnings record) with the divorced spousal benefit you would receive based on your ex-husband's record. You receive whichever is higher, or a combination of both if you are at full retirement age.
If you were not in the workforce for many years, or if your earnings were low, the divorced spousal benefit may be significantly higher than your own benefit. If you had a strong earnings record of your own, your own benefit may be higher, and you would receive that instead.
The SSA will calculate both amounts for you when you contact them. You do not have to choose — they will pay you the higher amount automatically.
Frequently Asked Questions
Do I need my ex-husband's permission to claim on his Social Security record?
No. You do not need to contact him or obtain his consent. The Social Security Administration handles the claim based on your marriage record and his earnings history. He will not be notified that you have claimed, and his own benefit amount will not be reduced.
What if I don't know my ex-husband's Social Security number?
You can still file a claim. Provide his full name, date of birth, and the dates of your marriage and divorce. The SSA will search their records to locate his account. If they cannot find him, they will ask you for additional information.
Can I claim on my ex-husband's record if he is still working?
Yes. Your ex-husband does not have to be retired or have stopped working. As long as he is at least 62 years old and meets the other requirements, you may claim on his record. His ongoing work does not affect your benefits.
If I claim at 62, can I switch to a higher amount later?
If you claim divorced spousal benefits before your full retirement age, you are locked into that reduced amount for life. You cannot increase it later by waiting. However, if you have not yet claimed your own benefit, you may be able to delay claiming your own benefit to receive a higher amount at a later age.
What happens to my benefits if my ex-husband dies?
Your divorced spousal benefits end when he dies. However, you may become may have access to to survivor benefits based on his record, which are typically higher than the spousal benefit. Contact the SSA when ready if your ex-husband passes away to learn what you may receive.