Yes, you can draw Social Security based on your ex-husband's earnings record if you meet the requirements
You do not need to be married now to receive Social Security benefits tied to your ex-husband's work history. The Social Security Administration calls this ex-spouse benefits, and it is a separate path from benefits on your own record. The amount you receive depends on your age, how long you were married, and whether your ex-husband has already started drawing benefits himself.
The key difference from spousal benefits while married is that you can draw on an ex's record even if he has remarried, moved away, or you have not spoken in years. You do not need his permission or his cooperation. Social Security has the earnings record on file and can calculate what you are may have access to to based on that history.
Key Takeaways
- You must have been married for at least 10 years to draw on your ex-husband's Social Security record.
- You can draw ex-spouse benefits at age 62 or later, even if your ex-husband has not yet started drawing his own benefits.
- If you were divorced before age 60 and have not remarried, you may still draw on your ex's record at 60 or later.
- The amount you receive is based on your ex-husband's earnings history, your age when you start, and your own work record if you have one.
- You do not need your ex-husband's permission or knowledge to draw benefits on his record.
The 10-year marriage requirement
Social Security counts your marriage from the date you were legally married to the date the divorce was final. If you were married for 9 years and 11 months, you do not meet the requirement. The full 10 years must be complete.
This rule applies whether your ex-husband is still living or has passed away. If he has died, you may be able to draw survivor benefits on his record, which have different rules and may pay more than ex-spouse benefits.
Age requirements and when you can start drawing
You can start drawing ex-spouse benefits at age 62. There is no minimum age for your ex-husband — he does not have to be 62 himself, and he does not have to have started drawing his own benefits yet. Social Security will calculate what he would receive at his full retirement age and base your payment on that amount.
If you were divorced before you turned 60 and have not remarried since the divorce, you can draw at 60 instead of 62. This is a narrower rule: it applies only if you stayed single after the divorce ended. If you remarried and then divorced again, or if you remarried and that marriage ended, the rule does not explore.
The longer you wait to start drawing, the larger your monthly payment will be. If you start at 62, your payment is smaller than if you wait until 67 or 70. Social Security can show you the payment amounts at different ages before you decide.
How the payment amount is calculated
Your ex-spouse benefit is based on your ex-husband's Primary Insurance Amount, which is the benefit he would receive at his full retirement age. Social Security takes a percentage of that amount depending on your age when you start drawing.
If you have your own work record and your own benefit would be higher than the ex-spouse benefit, Social Security will pay you your own benefit instead. You cannot receive both at the same time. Social Security automatically pays whichever amount is larger.
Your ex-husband's remarriage does not affect your benefit. If he remarries, his new spouse can also draw on his record, and you will still receive your full amount. The payments do not split or reduce because multiple people are drawing on the same record.
What happens if your ex-husband has not started drawing yet
You can draw ex-spouse benefits even if your ex-husband has not filed for his own Social Security yet. Social Security will use his estimated benefit at full retirement age to calculate your payment. Once he does file, your payment may change slightly if his actual benefit is different from the estimate.
If your ex-husband is still working and has not reached full retirement age, his own benefits may be reduced because of his earnings. This does not affect your ex-spouse benefit — you will still receive your full amount based on his Primary Insurance Amount.
Remarriage and how it affects your benefits
If you remarry before age 60, you lose the right to draw on your ex-husband's record. Your new spouse's record becomes the one you can draw on instead. If you remarry at 60 or later, you keep the right to draw on your ex-husband's record and can choose which record gives you the larger benefit.
If your remarriage ends — whether by divorce or death of your new spouse — you regain the right to draw on your ex-husband's record. Social Security will recalculate your benefit based on your age at that time and the record that pays the most.
How to start the process
You can contact Social Security by phone at 1-800-772-1213, by visiting your local Social Security office, or by creating an account on ssa.gov and starting an process online. You will need your Social Security number, birth certificate, proof of citizenship or legal residency, and your divorce decree.
Have your ex-husband's full name and date of birth ready, though Social Security can often look up his record if you provide his Social Security number. You do not need to contact him or get his permission. Social Security will verify his earnings record on file and calculate your benefit.
Processing usually takes several weeks. Social Security will send you a notice showing the amount you will receive and the date your benefits start. If you are already receiving benefits on your own record, Social Security will recalculate to see if the ex-spouse benefit is larger.
Frequently Asked Questions
What if my ex-husband is still working and has not retired yet?
You can still draw on his record at 62 or later. Social Security will base your payment on what he would receive at full retirement age, not on what he is currently earning. His ongoing work does not delay or reduce your ex-spouse benefit.
Can I draw on more than one ex-husband's record?
No. You can draw on only one ex-spouse's record at a time. If you were married to more than one person for 10 years or longer, Social Security will pay you based on whichever record gives you the larger benefit. You cannot combine or split benefits across multiple ex-spouses.
What if my ex-husband is deceased?
You may be able to draw survivor benefits on his record instead of ex-spouse benefits. Survivor benefits have different rules and often pay more. Contact Social Security to learn which option applies to your situation and what documents you will need to provide.
Does my ex-husband have to know I am drawing on his record?
No. Social Security does not notify him or ask his permission. Your benefit is based on his earnings record, which is public information to Social Security. He will not receive a notice that you have started drawing benefits.
If I start drawing at 62, can I change my mind and wait until later?
You can withdraw your process within 12 months of starting and repay what you received, which restarts the clock and allows you to draw a larger amount later. After 12 months, you cannot withdraw. Talk to Social Security about your options before you file if you are unsure about the timing.