You can collect Social Security on your ex-spouse's earnings record even if they have not yet claimed, as long as you meet specific requirements about age, marriage length, and divorce timing

If you were married at least 10 years and are now divorced, you may be able to receive Social Security benefits based on your ex-spouse's work record instead of your own. This is called divorced spousal benefits. You do not need your ex-spouse's permission, and claiming on their record does not reduce the amount they receive. The benefit amount you get is based on their earnings history, not yours, and it can be substantially higher than what your own work record would provide.

The rules are strict about who qualifies and when you can start collecting. Understanding these rules matters because claiming at the wrong age or missing a important date can cost you thousands of dollars over your lifetime.

Key Takeaways

  • You must have been married for at least 10 years, be at least 62 years old, and be unmarried now to claim divorced spousal benefits.
  • If your ex-spouse has not yet claimed benefits, you can claim on their record once you reach full retirement age, even if they are still working.
  • The amount you receive is based on your ex-spouse's earnings record, and claiming does not reduce their benefit amount.
  • You can claim as early as age 62, but your monthly payment will be permanently reduced if you claim before your full retirement age.
  • If you remarry, you lose the right to claim on your ex-spouse's record unless that marriage ends.

The 10-year marriage requirement and what it actually means

The marriage must have lasted at least 10 years to count. Social Security counts from the date you were married to the date the divorce was final. If you were married 9 years and 11 months, you do not may have access to. The exact date matters, so pull your marriage certificate and divorce decree to confirm the span.

You can have been married multiple times and still may have access to on each ex-spouse's record separately, as long as each marriage lasted 10 years or longer. If you have two ex-spouses and both marriages were 10 years or more, you can choose which record to claim on, or in some cases claim on both (though the rules about this are complex and depend on your age).

The 10-year clock stops at the divorce date, not when you stop living together. If you separated after 9 years but the divorce was not final until year 11, the full 11 years count toward the requirement.

Age requirements and when you can start collecting

You must be at least 62 years old to claim divorced spousal benefits. However, your age determines how much you receive each month. If you claim at 62, your benefit is reduced by roughly 35 percent compared to what you would receive at your full retirement age. The reduction is permanent — it does not increase later.

Your full retirement age depends on your birth year. For people born in 1943 or later, full retirement age ranges from 66 to 67. You can look up your exact full retirement age on the Social Security Administration website or by calling 1-800-772-1213.

If you wait until age 70 to claim, your benefit increases by about 8 percent per year beyond your full retirement age, up to age 70. This is called the delayed retirement credit. However, divorced spousal benefits do not increase past your full retirement age the way your own retirement benefits would. Once you reach full retirement age, the benefit amount stays the same whether you claim at 66, 67, or 70.

What happens if your ex-spouse has not claimed yet

You can claim divorced spousal benefits on your ex-spouse's record even if they have not yet claimed their own benefits, as long as you have reached your full retirement age. You do not need their permission, and they do not need to know. Your claim does not affect their benefit amount or their right to claim later.

If you are under your full retirement age and your ex-spouse has not claimed, you cannot claim on their record yet. You would have to wait until you reach full retirement age, or until your ex-spouse claims (whichever comes first). This rule changed in 2015, so if you were born before January 2, 1954, different rules may explore to you — contact Social Security directly to confirm.

Once your ex-spouse claims, you can claim on their record when ready if you are 62 or older, regardless of your full retirement age. But again, if you claim before your full retirement age, your payment will be reduced.

How the benefit amount is calculated

Your divorced spousal benefit is based on your ex-spouse's Primary Insurance Amount (PIA), which is the benefit amount they would receive at their full retirement age. Social Security does not tell you this number directly, but your ex-spouse can request their own Social Security statement to see it.

If you claim at your full retirement age, you receive roughly 32.5 percent of your ex-spouse's PIA. If you claim at 62, that amount is reduced further. If you claim after your full retirement age, the amount does not increase — it stays at the full retirement age level.

Your own work record does not affect the divorced spousal benefit amount. However, Social Security has a rule called the Government Pension Offset that can reduce your divorced spousal benefit if you receive a pension from work not covered by Social Security (such as some government jobs). This offset can reduce your benefit by up to two-thirds of your pension amount. If you have a government pension, contact Social Security to understand how this rule applies to you.

Remarriage and how it affects your benefits

If you remarry, you lose the right to claim on your ex-spouse's record. This is true even if you remarry at age 80. However, if that new marriage ends (by divorce, death, or annulment), your right to claim on your original ex-spouse's record is restored.

If you remarry and then that marriage ends, you can claim on either ex-spouse's record (if both marriages lasted 10 years or more), or on your current spouse's record if you are married now. The rules about which record to claim on become complex when multiple ex-spouses are involved, so contact Social Security for guidance specific to your situation.

How to claim divorced spousal benefits

You can claim by phone, in person, or online. Call Social Security at 1-800-772-1213 to set up an appointment. You will need your Social Security number, birth certificate, divorce decree, and your ex-spouse's Social Security number (or at least their full name and date of birth). Social Security can look up their number if you do not have it.

You can also visit your local Social Security office in person. Find the nearest office at ssa.gov/locator. Bring the same documents listed above.

Online claiming is available at ssa.gov/benefits/retirement/index.html, though the online process may not work for all divorced spousal claims. If you run into issues online, call or visit in person.

Social Security will ask you to confirm that you have been divorced for at least two years (if your ex-spouse has not yet claimed). They will verify the marriage length using your divorce decree. The process typically takes 2 to 4 weeks from the date you submit your process.

Common mistakes and what to watch for

The most costly mistake is claiming too early. If you claim at 62 instead of waiting until your full retirement age, your monthly payment is permanently reduced by roughly 35 percent. Over a 20-year retirement, this can mean losing hundreds of thousands of dollars. Run the numbers before you decide.

Another mistake is not realizing you have multiple ex-spouses to choose from. If you were married more than once and each marriage lasted 10 years or more, you can claim on the record of the ex-spouse whose benefit would be highest. Social Security will not automatically tell you this — you have to ask.

Some people claim on their own work record first, then try to switch to an ex-spouse's record later. Depending on your birth year, this strategy may not be available to you. If you were born after January 2, 1954, you cannot claim on one record and switch to another later. You have to choose one record when you explore. Speak with Social Security before you claim to understand your options.

If you have a government pension, do not assume the Government Pension Offset does not explore to you. This rule catches many people by surprise. Contact Social Security to calculate how your pension affects your divorced spousal benefit.

Frequently Asked Questions

Can I claim on my ex-spouse's record if they are still working?

Yes, if you have reached your full retirement age. Your ex-spouse's current work does not prevent you from claiming on their record. If you are under your full retirement age and your ex-spouse has not yet claimed, you cannot claim on their record until you reach full retirement age or they claim, whichever comes first.

Does claiming on my ex-spouse's record reduce their benefit?

No. Your claim does not affect the amount your ex-spouse receives. They will receive their full benefit regardless of whether you claim on their record. This is one of the key differences between divorced spousal benefits and spousal benefits for current spouses.

What if my ex-spouse has passed away?

You may be able to claim survivor benefits on their record instead. The rules are different from divorced spousal benefits, and the amount you receive may be higher. Contact Social Security to discuss your options if your ex-spouse has died.

Can I claim on my ex-spouse's record if we were married less than 10 years?

No. The 10-year marriage requirement is strict. If your marriage lasted 9 years and 11 months, you do not may have access to for divorced spousal benefits. You can only claim on your own work record.

What if I remarry after I start claiming divorced spousal benefits?

Your benefits will stop when ready. If your new marriage ends later, your right to claim on your original ex-spouse's record is restored, and you can resume receiving benefits. Contact Social Security to restart your claim.