Yes, your ex-spouse can receive benefits based on your Social Security record under specific conditions, even if you have remarried or your ex has.
Your ex-spouse does not need your permission to claim on your record. Social Security allows it automatically once certain requirements are met. You do not have to be receiving benefits yourself for your ex to claim — they can start collecting based on your earnings history once you reach full retirement age, even if you have not yet filed.
The key difference between an ex-spouse benefit and a spousal benefit is timing and remarriage. An ex-spouse can claim at 62 (with a reduced amount) or wait until their own full retirement age. A current spouse must wait until you file, but an ex-spouse does not have that restriction once you turn 62, regardless of whether you have actually started taking benefits.
Key Takeaways
- Your ex-spouse can claim benefits on your record if you were married for at least 10 years and are now divorced.
- Your ex does not need your permission, and you do not have to be receiving benefits for them to claim on your record.
- If your ex remarries, they lose the right to claim on your record unless the new marriage ends.
- The amount your ex receives does not reduce your own benefit or your current spouse's benefit.
- Your ex can claim as early as age 62, but the benefit amount will be permanently reduced if they do not wait until full retirement age.
The 10-Year Marriage Rule
Social Security counts the years you were married, not the years since the divorce. If you were married for exactly 10 years and one day, your ex-spouse meets the requirement. If the marriage ended at 9 years and 11 months, they do not.
The clock starts on your wedding date and stops on the date the divorce became final. Some people ask whether a legal separation counts — it does not. Only a finalized divorce triggers ex-spouse benefits. If you were married multiple times, each marriage is counted separately, so your ex from a 12-year marriage can claim even if you were married to someone else for only 5 years.
When Your Ex Can Claim and How Much They Receive
Your ex-spouse can claim at age 62, but the benefit will be reduced. If they wait until their full retirement age (which ranges from 66 to 67 depending on birth year), they receive the full ex-spouse benefit amount, which is typically up to 50 percent of your primary insurance amount — the benefit you would receive at your full retirement age.
The actual amount depends on your earnings record and their age when they claim. Someone born in 1960 or later who claims at 62 receives roughly 32 to 35 percent of your primary insurance amount instead of the full 50 percent. The longer they wait, the higher the percentage, until they reach full retirement age.
Your ex does not have to wait for you to claim. Once you turn 62, they can file on your record when ready, even if you are still working or have decided not to claim yet. This is different from a current spouse, who must wait until you have actually filed.
How Remarriage Affects Your Ex's Benefits
If your ex-spouse remarries, they lose the right to claim on your record. This is true whether they remarry before or after they start receiving benefits. If they were already collecting, their benefits stop the month they remarry.
If the new marriage ends — through divorce, death, or annulment — your ex can go back to claiming on your record. Social Security will restart their benefits, though there may be a gap in payments depending on when they report the change. Your ex should contact Social Security as soon as the new marriage ends to restore their benefits.
What Happens If You Remarry
Your remarriage does not affect your ex-spouse's benefits. They can continue to claim on your record whether you marry someone else or not. Your current spouse's benefits also do not reduce what your ex receives — each person claiming on your record gets their own separate benefit amount.
If you have a current spouse and children, all of you can claim on your Social Security record at the same time. There is a family maximum benefit — the total amount that can be paid to all family members combined — but your ex-spouse's benefit does not count toward that limit. Only your current spouse and minor or disabled children count toward the family maximum.
How to learn about Your Ex Has Claimed on Your Record
You can create a my Social Security account at ssa.gov to view your earnings record and see if anyone is claiming benefits based on your work history. Log in, go to "Manage Your Benefits," and look for information about family members receiving benefits on your record.
If you see a claim you do not recognize or believe is fraudulent, contact Social Security directly at 1-800-772-1213. You can also visit your local Social Security office in person. Have your Social Security number and identification ready. Social Security investigates claims that appear to be made by someone not may have access to to benefits.
What Your Ex's Claim Does Not Do to Your Benefits
Your ex-spouse claiming on your record does not reduce the amount you receive. Your benefit is based solely on your own earnings history and the age at which you claim. Whether your ex claims or not, your benefit stays the same.
Your ex's claim also does not affect your current spouse's spousal benefit or your children's benefits. Each person has their own benefit amount calculated separately. The only limit that applies is the family maximum, which caps the total paid to your current spouse and children combined — but again, your ex-spouse does not count toward that limit.
Frequently Asked Questions
Can my ex-spouse claim on my record if we were married less than 10 years?
No. Social Security requires at least 10 years of marriage for an ex-spouse to claim on your record. If you were married for 9 years and 11 months, they do not meet the requirement. The 10 years is measured from the wedding date to the date the divorce became final.
Do I have to tell my ex-spouse they can claim on my record?
No. Your ex-spouse can contact Social Security on their own to file for benefits. You do not have to notify them or give permission. Many people discover they are may have access to to ex-spouse benefits by calling Social Security or visiting ssa.gov to learn about their options.
What if my ex-spouse is still married to someone else?
If your ex is currently married to another person, they cannot claim on your record. They would need to be divorced from that person first. Once that marriage ends, they can go back to claiming on your record if the 10-year marriage requirement with you is still met.
If my ex claims at 62, can they switch to a higher amount later?
No. Once an ex-spouse claims at 62, the reduced benefit amount is locked in for life. They cannot increase it by waiting longer. The only way to receive a higher amount is to have never claimed before — but once you start, the reduction is permanent.
Will I see my ex-spouse's benefit amount on my Social Security statement?
No. Your statement shows only your own benefit and any family members under your care (spouse and minor children). Your ex-spouse's benefit is private to them. You can see that someone is claiming on your record through your my Social Security account, but not the exact amount they receive.