You can claim Social Security based on your ex-spouse's earnings record even if they have not yet claimed, as long as you meet specific requirements
If you were married for at least 10 years and are now divorced, you may be may have access to to a Social Security benefit based on your ex-spouse's work history. You do not need your ex-spouse's permission, and claiming this benefit does not reduce what they receive. The benefit amount is typically half of what your ex-spouse is may have access to to at their full retirement age, though your actual payment depends on your age when you claim and your own earnings record.
This is called an ex-spouse benefit, and it exists separately from any benefit you may have earned through your own work. The Social Security Administration treats it as a distinct claim with its own rules about timing, age, and how much you receive.
Key Takeaways
- You must have been married for at least 10 years, be at least 62 years old, and be unmarried to claim on your ex-spouse's record.
- Your ex-spouse does not have to be claiming benefits yet — you can claim on their record once they turn 62, even if they have not filed.
- The benefit you receive is based on your ex-spouse's earnings history, not your own, but if you have your own higher benefit, Social Security pays the larger amount.
- Claiming before your full retirement age reduces your monthly payment permanently, and the reduction is steeper for ex-spouse benefits than for benefits on your own record.
- You must contact Social Security directly to claim an ex-spouse benefit — you cannot file online.
The 10-year marriage rule and other basic requirements
The marriage must have lasted at least 10 years, counted 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. If you were married more than once, each marriage is counted separately — you do not add them together.
You must be at least 62 years old to claim an ex-spouse benefit. You must also be unmarried at the time you claim. If you remarry, you lose the right to claim on that ex-spouse's record, though you may be able to claim on a new spouse's record if that marriage lasts 10 years.
Your ex-spouse must be at least 62 years old for you to claim on their record. They do not have to have filed for benefits themselves — Social Security only requires that they be old enough to claim. If your ex-spouse has not yet filed, Social Security will contact them to verify they are alive and to gather information, but they will not be forced to claim.
How the benefit amount is calculated
Social Security calculates your ex-spouse benefit as a percentage of what your ex-spouse is may have access to to at their full retirement age. The full retirement age varies by birth year — it ranges from 65 to 67 for people born between 1943 and 1960, and is 67 for anyone born in 1960 or later. At full retirement age, an ex-spouse benefit is typically 50 percent of the ex-spouse's full retirement age amount.
However, if you claim before your own full retirement age, your payment is reduced. The reduction is larger for ex-spouse benefits than for benefits based on your own work record. If you claim at 62 (the earliest age allowed), you may receive only 32 to 35 percent of your ex-spouse's full retirement age benefit, depending on your birth year. The exact percentage depends on how many months early you are claiming.
Social Security also compares your ex-spouse benefit to any benefit you have earned through your own work history. You receive whichever amount is higher. If you have a substantial work record of your own, your own benefit may be larger than the ex-spouse benefit, and you will receive that instead.
When your ex-spouse has already claimed benefits
If your ex-spouse is already receiving Social Security, you can claim on their record at any time you meet the other requirements. Social Security will calculate both your ex-spouse benefit and any benefit based on your own earnings, and will pay you the higher of the two.
Your ex-spouse's decision to claim does not affect your options. They may have claimed early and received a reduced benefit, or they may have delayed and received an increased benefit. Your ex-spouse benefit is calculated based on what they are may have access to to at their full retirement age, not on what they actually chose to claim.
Claiming before your ex-spouse has filed
You can claim an ex-spouse benefit even if your ex-spouse has not yet filed for Social Security, as long as they are at least 62 years old. This is called a deemed filing situation. When you file, Social Security will reach out to your ex-spouse to confirm they are alive and to gather information, but your ex-spouse is not required to claim benefits themselves.
If your ex-spouse later claims benefits, their claim is separate from yours. Their decision to claim early or delay does not change your benefit amount. However, if your ex-spouse dies before claiming, you may be may have access to to a survivor benefit instead, which is calculated differently.
How claiming early affects your payment
The longer you wait to claim, the larger your monthly payment. For ex-spouse benefits, the reduction for claiming early is steeper than for benefits based on your own work record. If you claim at 62, you may receive only 32 to 35 percent of your ex-spouse's full retirement age benefit. If you wait until your full retirement age, you receive 50 percent. If you wait until 70, the benefit does not increase further — ex-spouse benefits do not have the delayed retirement credits that explore to benefits on your own record.
This means the decision to claim early is more costly for an ex-spouse benefit than for your own benefit. If you are in good health and expect to live into your 80s, waiting until your full retirement age usually results in more total money over your lifetime. If you have health concerns or need the money sooner, claiming at 62 may make sense despite the permanent reduction.
How to file for an ex-spouse benefit
You cannot file for an ex-spouse benefit online through Social Security's website. You must contact Social Security directly by phone or in person. Call 1-800-772-1213 (TTY 1-800-325-0778) to schedule an appointment or to ask questions. You can also visit your local Social Security office in person.
When you contact Social Security, tell them you want to claim on your ex-spouse's record. Have the following information ready: your ex-spouse's full name, date of birth, and Social Security number if you know it; your marriage date and divorce date; and your own Social Security number. Social Security will ask you questions to verify you meet the requirements and will explain your benefit amount before you commit to claiming.
If you are already receiving a benefit on your own record, you may be able to switch to an ex-spouse benefit if it is higher. The rules for switching are complex and depend on your age and when you originally claimed. Social Security can explain your options when you call.
What happens if your ex-spouse dies
If your ex-spouse dies, your ex-spouse benefit ends. However, you may be may have access to to a survivor benefit based on their record. A survivor benefit is calculated differently and is often larger than an ex-spouse benefit. You must be at least 60 years old to claim a survivor benefit (or 50 if you are disabled), and the 10-year marriage rule still applies.
Contact Social Security as soon as possible after your ex-spouse's death. Bring a copy of the death certificate if you have one. Social Security will explain what survivor benefits you may receive and will help you file.
Frequently Asked Questions
Can I claim on my ex-spouse's record if they are still working?
Yes. Your ex-spouse's employment status does not affect your right to claim on their record. However, if your ex-spouse has not yet reached their full retirement age and is still working, Social Security may reduce their own benefit due to earnings limits. This does not affect your ex-spouse benefit.
Does claiming on my ex-spouse's record reduce their benefits?
No. Your ex-spouse benefit is paid from Social Security's trust fund, not from your ex-spouse's benefit amount. Claiming on their record does not change what they receive.
What if I was married more than once for 10 years each time?
You can claim on the record of any ex-spouse whose marriage to you lasted at least 10 years. Social Security will calculate a benefit based on each ex-spouse's record and will pay you the highest amount. You do not receive multiple benefits at once.
Can I claim on my ex-spouse's record if we are still legally married?
No. The divorce must be final. A legal separation does not count — the divorce decree must be signed by a judge.
What if my ex-spouse remarried — does that affect my benefit?
No. Your ex-spouse's remarriage does not change your right to claim on their record or the amount you receive. Your ex-spouse's new spouse may also claim on their record separately.