Yes, you can collect Social Security based on your ex-husband's earnings record if you meet specific conditions
You do not need to be married now to receive Social Security payments tied to your ex-husband's work history. The Social Security Administration allows divorced spouses to claim benefits on an ex's record under certain circumstances. This is sometimes called spousal benefits on an ex's record, and it is separate from any benefits your ex-husband receives — claiming does not reduce his payments.
The rules are strict about who qualifies and when you can start collecting. Understanding these conditions now saves you from explore too early or discovering you do not meet the requirements after you have already filed.
Key Takeaways
- You must have been married for at least 10 years, be at least 62 years old, and be unmarried now to claim on your ex-husband's record.
- Your ex-husband must be at least 62 years old, though he does not have to have filed for benefits himself.
- The amount you receive is based on his earnings history, but you cannot receive more than half of what he is may have access to to at his full retirement age.
- If you remarry, you lose the right to claim on your ex's record, though you may regain it if that marriage ends.
- You will need your ex-husband's Social Security number and birth date to file, but you do not need his permission or cooperation.
The 10-year marriage requirement and why it matters
The marriage must have lasted at least 10 years 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. Social Security counts the full calendar day, so if your divorce was finalized on the 15th and your 10-year anniversary was on the 14th, you do not meet the requirement.
This rule exists in federal law and does not change by state. Some people believe they can claim if they were married for 10 years even if the divorce took several years to complete — what matters is the 10-year span from marriage to final divorce decree, not how long the divorce process itself took.
Age requirements for you and your ex-husband
You must be at least 62 years old to claim on your ex-husband's record. There is no upper age limit — you can file at 62, 70, or any age in between or after. The amount you receive changes based on when you file: claiming at 62 gives you a smaller monthly payment than waiting until 66 or 70.
Your ex-husband must be at least 62 years old, but he does not have to have filed for benefits himself. If he has not yet claimed Social Security, you can still file on his record as long as you were married for 10 years and meet all other conditions. He will receive a notice that you have filed, but your claim does not affect his future benefits.
How much you can receive and how it is calculated
The amount you receive is based on your ex-husband's earnings record and the age at which you claim. Social Security calculates what he would receive at his full retirement age (which depends on his birth year, typically between 66 and 67). You can receive up to one-half of that amount.
If you claim at 62, you receive less than half — roughly 32 to 35 percent of his full retirement age benefit, depending on your exact age. If you wait until your full retirement age to claim, you receive the full 50 percent. Waiting past your full retirement age does not increase the amount further when you are claiming on an ex's record (unlike claiming on your own record, where waiting until 70 increases your payment).
Your own work history does not factor into this calculation. Social Security compares what you would receive based on your own earnings to what you would receive on your ex's record, then pays you whichever is higher. You do not receive both amounts.
Remarriage and how it affects your claim
If you remarry, you lose the right to claim on your ex-husband's record. This rule applies even if you remarry after you have already started receiving payments — Social Security will stop your benefits the month you remarry.
If your new marriage ends (by divorce or death), you may regain the right to claim on your first ex-husband's record, provided you meet all other conditions. You would need to file again, and Social Security would recalculate your benefit based on your current age and the time that has passed.
What documents and information you will need
You will need your ex-husband's Social Security number and date of birth. You do not need his permission to file, and you do not need to contact him. Social Security has access to his earnings record and can verify the information you provide.
You will also need proof of your own identity, age, and citizenship or legal residency status. Bring a birth certificate, passport, or other government-issued ID. You will need the final divorce decree or a certified copy showing the date the marriage ended. If you have remarried and that marriage has ended, bring documentation of that as well.
How to file and where to start
You can file in person at your local Social Security office, by phone at 1-800-772-1213, or online at ssa.gov. The online process is available if you are between 61 and 70 years old. If you are older than 70 or prefer to speak with someone, calling or visiting an office is an option.
When you file, tell Social Security that you want to claim on your ex-husband's record. The process will ask for his name, date of birth, and Social Security number. Processing typically takes two to three weeks if you file online, and longer if you file by phone or in person because the office must mail you forms to sign.
If you are not yet 62, you can create an account on ssa.gov and set up a notification so you know when you become old enough to file. This does not file a claim — it straightforward alerts you when the option becomes available.
Common mistakes to avoid
Do not assume you are ineligible because your ex-husband has remarried or because he is not yet receiving benefits. His marital status and his filing status do not affect your right to claim on his record. Many people delay filing because they believe they need his cooperation or consent — you do not.
Do not file before you are ready to start receiving payments. Once you file, your claim is active and payments begin the month after you file (or the month you turn 62, whichever is later). You cannot file early and delay the start date. If you file at 62 and later wish you had waited, you cannot undo the claim and restart at a higher amount.
Do not overlook the impact of remarriage. If you are considering remarrying, understand that it will end your benefits on your ex's record. If you are already remarried, you cannot claim on a previous ex's record unless your current marriage ends.
Frequently Asked Questions
What if my ex-husband is still working and has not filed for Social Security yet?
You can still file on his record. He does not have to have claimed benefits for you to do so. His earnings record is available to Social Security regardless of whether he has filed. Once you file, he will receive a notice, but your claim does not reduce his future benefits or affect when he can claim.
Can I claim on more than one ex-husband's record?
No. You can claim on only one ex-husband's record at a time. If you were married to multiple people for 10 years or longer, Social Security will determine which record gives you the highest benefit and pay you based on that one. You cannot split or combine benefits from multiple exes.
Does claiming on my ex's record reduce his Social Security payments?
No. Your claim on his record does not change the amount he receives. Social Security has a separate pool of funds for spousal and ex-spousal benefits. His benefits are unaffected by your claim.
What happens if my ex-husband dies after I start receiving benefits?
Your benefits may change. If you are receiving spousal benefits on his record and he dies, you may become may have access to to survivor benefits, which are typically higher. Contact Social Security to report his death and ask how your payments will be affected.
Can I claim on my ex's record if we divorced less than 10 years ago?
No. The 10-year marriage requirement is firm. If you were married for 9 years and 11 months, you do not meet the condition. You can only claim on your own work record or, if you remarry and that marriage lasts 10 years, on a new spouse's record.