What you can receive on an ex-spouse's Social Security record
Yes, you may be able to receive Social Security benefits based on your ex-husband's work record, even if he has not yet claimed benefits himself. The benefit you receive is called a spousal benefit, and it is separate from any benefits you have earned on your own work record. Social Security will pay you whichever is higher: the benefit based on your own work history, or the spousal benefit based on his.
The amount you receive depends on your age when you claim, your ex-husband's earnings record, and whether you meet the rules Social Security sets for ex-spouses. You do not need his permission to claim, and claiming on his record does not reduce the amount he receives when he claims his own benefits.
Key Takeaways
- You must have been married for at least 10 years and be at least 62 years old to claim spousal benefits on an ex-husband's record.
- You can claim on his record even if he has not yet claimed his own benefits, as long as you have been divorced for at least two years.
- The spousal benefit is reduced if you claim before your full retirement age, sometimes by 25 to 35 percent depending on how early you claim.
- 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.
- Social Security will automatically pay you the higher of your own benefit or the spousal benefit; you do not choose between them.
The 10-year marriage rule and other basic requirements
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 spousal benefits. The 10 years does not have to be continuous—if you divorced and remarried him, Social Security counts the total time you were married to him across both marriages.
You must also be at least 62 years old. There is no upper age limit; you can claim spousal benefits at any point after 62, though the amount you receive will be smaller if you claim before your full retirement age. Your ex-husband must be at least 62 as well, unless you have been divorced for at least two years, in which case you can claim even if he has not yet reached 62 or claimed his own benefits.
If your ex-husband has passed away, you may be able to claim survivor benefits on his record instead. The rules are different for survivor benefits, and you should contact Social Security directly to learn what you may receive.
How the spousal benefit is calculated and reduced
The spousal benefit is calculated as a percentage of your ex-husband's full retirement age benefit amount. If you claim at your full retirement age, the spousal benefit is typically 32.5 percent of what he receives at his full retirement age. However, if you claim before your full retirement age, Social Security reduces this amount.
The reduction depends on how many months before your full retirement age you claim. If you claim at 62 and your full retirement age is 67, the reduction is roughly 35 percent. If you claim at 65, the reduction is roughly 8 percent. The closer you are to your full retirement age when you claim, the larger the benefit you receive. Social Security can tell you the exact amount you would receive at any age you choose.
Social Security pays you the higher of two amounts: the benefit based on your own work record, or the spousal benefit based on your ex-husband's record. You do not choose which one to take. This means if your own benefit is larger, you will receive that amount instead of the spousal benefit, even though you are may be able to access for both.
When you can claim even if your ex-husband has not claimed yet
Normally, you cannot claim spousal benefits until your ex-husband has claimed his own benefits. However, there is an exception: if you have been divorced for at least two years, you can claim spousal benefits even if he has not yet claimed, as long as he is at least 62 years old. This rule allows you to claim without waiting for him to file first.
If your ex-husband is younger than 62, you must wait until he reaches 62 before you can claim on his record, even if you have been divorced for more than two years. Once he turns 62, you can claim when ready without waiting for him to file his own claim.
How remarriage affects your right to claim
If you remarry before age 60, you lose the right to claim spousal or survivor benefits on your ex-husband's record. If you remarry at age 60 or later, you keep the right to claim on your ex-husband's record. This rule applies whether your new marriage lasts or not.
If you remarried before age 60 and that marriage has ended (by divorce, death, or annulment), you may regain the right to claim on your ex-husband's record. You would need to have been married to your ex-husband for at least 10 years, and you would need to meet all the other rules for spousal benefits. Contact Social Security to find out whether you are able to claim again.
What happens to your benefits if your ex-husband passes away
If your ex-husband dies, your spousal benefit ends, but you may become may be able to access for survivor benefits on his record instead. Survivor benefits are calculated differently and may be higher or lower than the spousal benefit you were receiving. You do not need to do anything to switch—Social Security will automatically convert your benefit to a survivor benefit if you are may be able to access.
The amount of the survivor benefit depends on your age at the time of his death and your full retirement age. If you are at your full retirement age or older when he dies, you receive 100 percent of what he was receiving (or may have access to to receive). If you are younger, the benefit is reduced. Survivor benefits have different rules than spousal benefits, so the amount may change.
How to contact Social Security and what documents you will need
To claim spousal benefits on your ex-husband's record, you will need to contact Social Security directly. You can call 1-800-772-1213 (TTY 1-800-325-0778), visit your local Social Security office, or create an account on ssa.gov to manage your claim online. Social Security staff can answer questions about your specific situation and walk you through the process.
When you contact Social Security, have the following information ready: your ex-husband's full name, date of birth, and Social Security number (if you know it); your marriage and divorce dates; and the dates of any other marriages. You will also need to provide proof of your age, citizenship or legal residency, and identity. Social Security will tell you what documents they need from you.
Frequently Asked Questions
Can I claim spousal benefits if my ex-husband is still working?
Yes. Your ex-husband's current employment does not affect your right to claim spousal benefits. However, if you claim before your full retirement age and you are still working, your own earnings may reduce your benefit temporarily. This earnings test does not explore to spousal benefits themselves, only to benefits based on your own work record.
Will claiming on my ex-husband's record reduce the amount he receives?
No. Your spousal benefit does not reduce his benefit at all. He receives the full amount he is may have access to to based on his own work record, regardless of whether you claim on his record. This is one of the key differences between spousal benefits and other types of benefits.
What if I was married more than once for 10 years each?
You can claim spousal benefits on the record of any ex-spouse you were married to for at least 10 years, as long as you meet the other rules. Social Security will pay you based on whichever ex-spouse's record gives you the highest benefit. You do not have to choose in advance; Social Security determines which record produces the larger amount.
Can I change my mind after I claim spousal benefits?
If you claim before your full retirement age, you can withdraw your claim within 12 months and repay the benefits you received. This allows you to claim again later at a higher amount. After 12 months, you cannot withdraw. If you have already reached your full retirement age, different rules explore; contact Social Security to learn your options.
What if my ex-husband is not a U.S. citizen?
You may still be able to claim spousal benefits on his record if he meets Social Security's requirements. His citizenship status does not automatically disqualify you. However, the rules are complex and depend on his country of residence and other factors. Contact Social Security directly to find out whether you can claim on his record.