What you can collect on an ex-spouse's Social Security record
Yes, you may be able to collect Social Security based on your ex-husband's earnings record, even if he has not yet claimed benefits himself. The amount you receive depends on your age, how long you were married, and whether you have remarried. Social Security calls this spousal benefits when your ex is already collecting, or divorced spousal benefits when he is not yet claiming but you meet the other requirements.
The key difference from regular Social Security is that you are drawing on his work history, not your own. This does not reduce what he receives — Social Security adds your benefit on top of his, so claiming does not hurt him financially. You can receive this benefit even if you never worked, or if your own Social Security benefit would be smaller than what you are may have access to to as a divorced spouse.
Key Takeaways
- You must have been married for at least 10 years and be at least 62 years old to collect divorced spousal benefits.
- If you remarry before age 60, you lose the right to claim on your ex-husband's record, though you may regain it if that marriage ends.
- The amount you receive depends on your age when you claim — waiting until your full retirement age or later increases the monthly payment.
- Your ex-husband does not have to be claiming Social Security yet for you to receive divorced spousal benefits, as long as you have been divorced for at least two years.
- You should contact Social Security directly to understand how your own work history affects the final amount you receive.
The 10-year marriage requirement
Social Security requires that you were married to your ex-husband for at least 10 years, and that you have been divorced for at least two years before you can claim on his record. The 10 years do not have to be continuous — if you divorced and remarried the same person, Social Security counts the total time you were married to him across both marriages.
The two-year waiting period applies only if your ex has not yet claimed Social Security himself. If he is already receiving benefits, you can claim divorced spousal benefits right away, as long as the 10-year marriage requirement is met and you are at least 62 years old.
Age requirements and how much you receive
You must be at least 62 years old to claim divorced spousal benefits. However, the age at which you claim affects how much you receive each month. If you claim at 62, your payment will be smaller than if you wait until your full retirement age (which is between 66 and 67 for most people born after 1954). If you wait until age 70, your benefit reaches its maximum.
Social Security calculates your divorced spousal benefit as a percentage of what your ex-husband is may have access to to at his full retirement age. The exact percentage depends on your age when you claim. At your full retirement age, you typically receive up to 50 percent of his primary insurance amount. Claiming earlier reduces this percentage; claiming later does not increase it beyond age 70.
Your own work history also matters. Social Security compares your divorced spousal benefit to what you would receive based on your own earnings record. You receive whichever amount is higher. This means if you worked and built up a substantial Social Security benefit of your own, you may not receive much additional money from the divorced spousal benefit.
Remarriage and how it affects your benefits
If you remarry before you turn 60, you lose the right to claim on your ex-husband's record. This rule applies even if the new marriage ends later. However, if you remarry after age 60, you can still claim divorced spousal benefits on your ex-husband's record.
If you remarried before age 60 and that marriage has since ended (through divorce, death, or annulment), you may regain the right to claim on your first ex-husband's record. Social Security will look at your current marital status, not your status at the time you originally remarried.
What happens if your ex-husband has not claimed yet
You do not have to wait for your ex-husband to claim Social Security in order for you to receive divorced spousal benefits. As long as you have been divorced for at least two years, are at least 62 years old, and were married for at least 10 years, you can claim on his record even if he has not yet applied for his own benefits.
However, there is one exception: if your ex-husband is younger than 62, Social Security cannot process your claim until he reaches 62, even if you meet all other requirements. Once he turns 62, you can claim regardless of whether he actually chooses to claim his own benefits.
How to start the process
Contact Social Security directly to discuss your situation. You can call 1-800-772-1213, visit your local Social Security office, or create an account on ssa.gov to explore your options online. When you contact them, have your ex-husband's Social Security number ready if you have it, along with your marriage certificate and divorce decree.
Social Security staff can tell you the exact amount you would receive at different ages and help you understand how your own work history affects the calculation. They can also answer questions specific to your situation, such as whether remarriage or other life changes would affect your benefits.
Frequently Asked Questions
Does claiming on my ex-husband's record reduce what he gets?
No. Your divorced spousal benefit is added to his record and does not change the amount he receives. Social Security has enough funds set aside to pay both of you based on his earnings history.
What if my ex-husband is remarried or has a new family?
His remarriage or new family does not affect your right to claim divorced spousal benefits. Your benefit is based solely on his earnings record and your marriage to him, not on his current family situation.
Can I claim on more than one ex-husband's record?
No. You can claim on only one ex-spouse's record at a time. If you were married to multiple people for 10 years or longer, Social Security will pay you based on whichever record gives you the highest benefit.
What if my ex-husband is still working?
You can still claim divorced spousal benefits even if your ex-husband is working and has not yet claimed Social Security. His current work does not prevent you from receiving benefits based on his lifetime earnings record.
If I claim at 62, can I change my mind later and wait?
Social Security allows you to withdraw your claim within 12 months of starting benefits and repay what you received. After 12 months, you generally cannot undo the claim, though you may be able to suspend benefits at your full retirement age and restart them later at a higher amount.