What divorced spouses can claim on an ex's Social Security record

If you were married for at least 10 years and are now divorced, you may be able to claim Social Security benefits based on your ex-spouse's earnings record — even if your ex has remarried. You do not need your ex's permission, and claiming on their record does not reduce the amount they receive. The benefit amount you get is based on your ex's earnings history, not your own.

This is separate from your own Social Security benefit. The Social Security Administration will calculate both amounts and pay you whichever is higher. If you have your own work history, you are may have access to to your own benefit. If you also meet the requirements for a spousal benefit on your ex's record, you can receive the larger of the two.

Key Takeaways

  • You must have been married for at least 10 years and be at least 62 years old to claim benefits on an ex-spouse's record.
  • Your ex does not have to be receiving Social Security yet — you can claim on their record once they turn 62, even if they have not filed.
  • Claiming before your full retirement age will reduce your monthly benefit amount permanently.
  • If you remarry, you lose the right to claim on your ex's record, though you may be able to claim on a new spouse's record instead.
  • The Social Security Administration will automatically compare your own benefit to a spousal benefit and pay you the larger amount.

The 10-year marriage requirement and other basic rules

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 multiple times, each marriage is counted separately — you do not add them together.

You must be at least 62 years old to claim. You must also be unmarried at the time you claim. If you remarry after your ex-spouse passes away, you can still claim on their record, but if you remarry while your ex is still living, you lose the right to claim on their record.

Your ex does not have to be receiving Social Security benefits yet. Once your ex turns 62, you can claim on their record even if they have not filed. Your ex does not have to agree or even know that you are claiming.

How the benefit amount is calculated

Your spousal benefit is based on your ex's Primary Insurance Amount, which is the full retirement age benefit they would receive. The Social Security Administration does not tell you this number directly, but you can request a benefit estimate for your ex by calling 1-800-772-1213 or visiting ssa.gov.

If you claim at your full retirement age, you can receive up to 50 percent of your ex's Primary Insurance Amount. If you claim before your full retirement age, the benefit is reduced. The reduction is permanent — it does not increase later when you reach full retirement age. The earlier you claim, the smaller your monthly check will be for the rest of your life.

The Social Security Administration will calculate what you would receive from your own work record and what you would receive as a spousal benefit. You will receive whichever amount is higher. This means you do not have to choose between the two — the agency handles the comparison automatically.

Full retirement age and early claiming reductions

Your full retirement age depends on the year you were born. For people born between 1943 and 1954, full retirement age is 66. For people born between 1955 and 1959, it increases gradually from 66 and 2 months to 66 and 10 months. For people born in 1960 or later, full retirement age is 67.

If you claim at 62, the reduction is about 35 percent of your spousal benefit. If you claim at 63, the reduction is about 32 percent. The reduction decreases as you get closer to your full retirement age. At your full retirement age, there is no reduction.

Because the reduction is permanent, claiming early costs you money over your lifetime if you live a long time. The Social Security Administration publishes break-even calculators on ssa.gov that show when early claiming would cost you more than waiting.

What happens if your ex has already passed away

If your ex-spouse has died, you may be able to claim a survivor benefit on their record. The rules are slightly different. You must have been married for at least 10 years, but you do not have to be 62 — you can claim at 60, or at 50 if you are disabled. You can also claim at any age if you are caring for a child under 16 who is your ex's biological or legally adopted child.

If you remarry before age 60, you lose the right to claim on your deceased ex's record. If you remarry at 60 or later, you keep the right to claim. This is different from the rule for living ex-spouses, where remarriage at any age ends your right to claim on their record.

How to claim and what documents you will need

You can claim by phone, online, or in person at your local Social Security office. To claim by phone, call 1-800-772-1213. To claim online, visit ssa.gov and look for the "explore for Retirement Benefits" option. You can also visit a Social Security office in person — find the nearest one at ssa.gov/locator.

You will need to provide your Social Security number, birth certificate, proof of citizenship or legal residency, and your divorce decree. If your name has changed since the divorce, bring a document showing the name change, such as a marriage certificate or court order. Have your ex-spouse's name and date of birth ready as well.

The Social Security Administration will verify your ex's earnings record and confirm that you meet the 10-year marriage requirement. Processing usually takes about two weeks, though it can take longer if the agency needs to request documents from you.

Remarriage and how it affects your claim

If you remarry while your ex-spouse is still living, you lose the right to claim on their record. Your new spouse's record becomes your only option for a spousal benefit. If you were already receiving benefits on your ex's record when you remarry, your payments will stop.

If your ex-spouse passes away and you remarry before age 60, you also lose the right to claim survivor benefits on their record. If you remarry at age 60 or later, you keep the right to claim. This gives you more flexibility if your ex has died.

If you remarry and your new spouse has a higher earnings record than your ex, you may receive a higher benefit on your new spouse's record. The Social Security Administration will compare both and pay you the larger amount.

Frequently Asked Questions

Can I claim on my ex's record if they have not filed for Social Security yet?

Yes. Once your ex turns 62, you can claim on their record even if they have not filed. Your ex does not have to be receiving benefits. You will need to provide your ex's name and date of birth when you claim.

Will claiming on my ex's record reduce their benefit amount?

No. Your ex's benefit is not affected by your claim. They will receive their full amount regardless of whether you claim on their record. The benefit you receive comes from the Social Security trust fund, not from your ex's check.

What if I have my own Social Security benefit — do I have to choose one or the other?

You do not have to choose. The Social Security Administration calculates both your own benefit and your spousal benefit, then pays you whichever is larger. You receive only one monthly payment, but it is based on whichever amount is higher.

Can I claim on my ex's record if they have remarried?

Yes. Your ex's remarriage does not affect your right to claim on their record. You can claim on their record even if they have remarried multiple times. The only thing that stops you from claiming is if you remarry while your ex is still living.

How long does it take to get approved?

Processing usually takes about two weeks after you submit your process and all required documents. If the Social Security Administration needs to request documents from you or verify information with the court, it may take longer. You can check the status of your process online at ssa.gov or by calling 1-800-772-1213.