Many people who qualify never file. They assume divorce ended the claim. It usually does not. This guide walks through the rules in the order the questions tend to arrive.
The three conditions in one place
To claim divorced spouse Social Security benefits on a living former spouse, all of these must be true, according to SSA's rules for benefits for a divorced spouse:
- Your marriage lasted at least 10 years.
- You are currently unmarried.
- You and your former spouse are both at least 62.
Your former spouse also has to qualify for Social Security retirement or disability benefits. If he qualifies but has not filed yet, you can still claim as long as you have been divorced for at least two years.
These rules apply whether you are a former husband or former wife. The law uses the term spouse, so a divorced woman can get Social Security from an ex husband, and the reverse is equally true.
This is educational information, not a decision about your case. Check your own facts against each condition. You can also get a free benefit analysis report built from your numbers to see the figures side by side.
Will my ex be told, and does he have to agree?
No on both. Your former spouse is not notified when you file on his record, he does not have to agree, and he cannot block it. SSA processes the claim on your own account.
This is the fear that stops people from asking, especially when the marriage ended badly. The claim is not a way of taking anything from him. It is a benefit you may have earned by law.
Does claiming reduce what he or his current wife gets?
No. Your benefit as a divorced spouse takes nothing away from your former spouse and nothing away from his current spouse. His check stays the same. Her check stays the same. This is stated in SSA's divorced spouse guidance.
More than one person can draw on the same earnings record at the same time without shrinking anyone else's amount.
How much do I receive?
At your full retirement age, you can receive up to 50 percent of your former spouse's primary insurance amount. The primary insurance amount is the benefit he would get at his own full retirement age. If you claim before your full retirement age, the amount is permanently reduced, per SSA.
There is one more rule. If your own retirement benefit is higher than the divorced spouse amount, you receive your own. You do not get both stacked together. You end up with the higher of the two.
What happens if I remarry, and what happens if my ex remarries?
People mix these two up constantly, so here they are separately.
If you remarry, you generally cannot collect divorced spouse benefits on your former spouse's record while that new marriage lasts. So you cannot claim your ex husband's Social Security if you remarry, as a rule. If the later marriage ends by death, divorce, or annulment, you may become able to claim on the earlier record again. This follows SSA's divorced spouse rules.
If your former spouse remarries, that changes nothing for you. An ex wife can still collect Social Security even if her ex husband remarries. His new marriage has no effect on your eligibility or your amount.
What if my ex has died?
This is a different set of rules. When a former spouse dies, you may qualify as a surviving divorced spouse, and those benefits follow survivor rules, not the spousal rules above.
According to SSA's rules for surviving divorced spouses, you may qualify if the marriage lasted at least 10 years. A surviving divorced spouse can start as early as age 60, or age 50 if disabled. That is different from the age 62 threshold for a living former spouse. A survivor benefit can also be worth more, up to the full amount the deceased was receiving, rather than half.
Remarriage rules differ here too. If you remarry after age 60, or after age 50 if you are disabled, it does not stop a surviving divorced spouse benefit. For a fuller walkthrough, see how survivor benefits work when a spouse dies.
Living ex versus deceased ex at a glance
| Situation | Earliest age | Maximum share |
|---|---|---|
| Former spouse is living | 62 | 50% of his primary insurance amount |
| Former spouse has died | 60, or 50 if disabled | Up to 100% of his benefit |
Are there exceptions to the 10 year marriage rule?
For a living former spouse, no. SSA requires the marriage to have lasted at least 10 years, and there is no shorter path to divorced spouse benefits on a living ex. If the marriage lasted less than 10 years, this benefit is not available. That is what SSA states.
There is a narrower rule that applies only to a surviving divorced spouse, not a living one. Under SSA's survivor rules, a surviving divorced spouse who is caring for the deceased's child who is under 16, or disabled, may be able to receive benefits without meeting the 10 year mark. This applies after death only. It does not create an exception while your former spouse is alive.
What do I need to bring to apply?
SSA will ask for records that prove the marriage, the divorce, and your identity. Based on SSA's checklist of documents needed to apply, be ready with items such as:
- Your birth certificate or proof of birth.
- Proof of U.S. citizenship or lawful status if you were not born here.
- Your marriage certificate.
- Your final divorce decree.
- Your Social Security number and your former spouse's, if you have it.
SSA can help you get some of these if you do not have them. You can start the process online, by phone, or in person. To handle it in person, find your local Social Security office.
Frequently asked questions
Can I collect Social Security on my ex husband's record? Often yes, if the marriage lasted at least 10 years, you are unmarried, and you are both at least 62.
How long do we have to have been married for me to qualify? At least 10 years for divorced spouse benefits, per SSA.
Does my ex have to agree, and will he be told? No. He is not notified, does not consent, and cannot stop the claim.
Does claiming on his record reduce what he or his current wife gets? No. Their benefits are unchanged.
How much do I receive as a divorced spouse? Up to 50 percent of his primary insurance amount at your full retirement age, or your own benefit if it is higher.
What happens if I remarry? You generally cannot claim on your ex's record while the new marriage lasts. If it ends, you may become eligible again.
What happens if my ex remarries? Nothing changes for you. His remarriage does not affect your claim.
Can I claim as a divorced spouse if my ex has died? Yes, as a surviving divorced spouse if the marriage lasted 10 years. This can start at 60, or 50 if disabled.
Are there exceptions to the 10 year marriage rule? For a living ex, no. A surviving divorced spouse caring for the deceased's child under 16 or disabled may qualify without the 10 years.
What do I need to bring to apply on an ex spouse's record? Your birth certificate, proof of citizenship or status, your marriage certificate, your divorce decree, and Social Security numbers.
For related topics, see more guides to Social Security benefits.