Can I collect Social Security from my ex-spouse?
Eligibility Rules
To collect on an ex-spouse's record, you must have been married for 10 years or more, be currently unmarried, and be at least 62. Your ex-spouse must be entitled to Social Security benefits, meaning they have enough work credits. You can claim even if they haven't filed yet, as long as you've been divorced for at least two years.
If you're eligible for your own Social Security benefit, you'll receive the higher of the two. The spousal benefit is up to 50% of your ex's full retirement age benefit, but reduced if you claim early. If you claim at your full retirement age, you get the full 50%.
How to Apply
You'll need to provide your marriage certificate and divorce decree when you apply. The Social Security Administration will need your ex-spouse's Social Security number, but you may not need to contact them directly. In many cases, SSA can locate the record.
If you remarry, you generally lose eligibility based on a former spouse, unless the new marriage ends. Claiming on an ex's record does not reduce the benefit for your ex or their current spouse.
- Marriage lasted 10+ years.
- You are unmarried (or your later marriage ended).
- You are 62 or older.
- Ex-spouse is entitled to Social Security.
- You've been divorced at least 2 years if ex hasn't claimed.
Common mistakes
- Thinking you need your ex-spouse's permission to claim.
- Believing your claim reduces your ex's benefit—it doesn't.
- Assuming you can't claim if your ex hasn't filed yet; you can after two years of divorce.
