If you were married to your former spouse for at least 10 full, consecutive years, you are eligible to draw your Social Security (and Medicare) Benefits off of him or her. This article talks about me as the ex-wife getting money from my ex-husband, but the situation is the same for men as well. It’s also the same or same sex couples.
If our marriage lasted at least 10 years, I’m eligible to draw up to 50% of my ex spouse’s benefit. The amount I get will never be more than 50% of his benefit, but it can be a lot less if I choose to draw Social Security “early. ” Early means anytime before my Full Retirement Age (FRA). Most of the nation still believes that FRA is 65, but it is between 66 and 67, depending on the year of your birth. If you were born in 1960 or thereafter, your FRA will be 67. For this article, when I say FRA I mean age 67. I can choose to apply for my spousal benefits as early as age 62. Instead of drawing 50%, I’ll get 32. 5% of his amount. More money will be added to my account the longer I wait to start Social Security, but it will never be more than 200% of his!
Unlike with married spouses, your ex spouse does NOT need to be drawing Social Security for you to draw a spousal benefit off him.
To take money from him, you must both be at least 62 years old. This is true even if he waits to start his own Social Security at 67 to 70 years old. This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. He most likely won’t even know if you are taking money from him unless he calls SSA and asks. He doesn’t have to give your permission and you don’t need his input in any way. In order to draw your benefit you call your local SSA office to start the application.
Yes, You Can – But There Are Rules You Need to Know
Divorce is tough enough without worrying about your financial future. I have good news for you if you’re getting close to retirement age and wondering if your years of marriage might give you some Social Security benefits through your ex-husband. In most cases, yes, you can get your ex-husband’s Social Security benefits, but there are some conditions you need to meet.
This benefit is often overlooked, but it could make a big difference in your retirement income, especially if you didn’t have much work experience or didn’t make as much as your ex-spouse. It’s surprising that more than 40% of Americans who are close to retirement age don’t know about this option!
Let me walk you through everything you need to know about claiming these benefits, without any awkward conversations with your ex.
The Basic Eligibility Requirements
Before you get too excited let’s check if you qualify. To receive Social Security benefits based on your ex-husband’s work record you must meet these criteria
- Your marriage lasted at least 10 years – This is non-negotiable and is measured from your wedding date to the final divorce decree. Time separated before the divorce doesn’t count.
- You are currently unmarried – Generally, remarriage ends eligibility (with exceptions we’ll cover later).
- You’re at least 62 years old – This is the minimum age to claim these benefits.
- Your ex-husband qualifies for Social Security benefits – He must be eligible for retirement or disability benefits, meaning he has enough work credits (typically 10 years of work).
- Your own Social Security benefit is less than what you’d receive from his record – If your own benefit is higher, you’ll simply receive that instead.
A lot of people don’t know this, but you can claim benefits even if your ex-husband isn’t getting them right now. You must have been divorced for at least two years before you can file on his record, though, if he hasn’t already.
How Much Can You Receive?
As a divorced spouse, you could get up to 50% of your ex-husband’s benefit when he retires at full retirement age. But you can only get this most money if you wait until you reach full retirement age to claim it.
If you claim early (as early as 62), your benefit amount will be permanently reduced. For example, if you claim at 62 when your full retirement age is 67, you’ll only receive about 32.5% of your ex-husband’s full retirement age benefit instead of the full 50%.
Let’s look at a real-world example:
Suppose your ex-husband’s benefit at his full retirement age is $2,000 per month. If you wait until your full retirement age, you could receive $1,000 monthly (50% of his benefit). But if you claim at 62, you’d only get about $650 monthly (32.5% of his benefit).
Here’s a breakdown of how early claiming reduces your benefit:
| Your Age | % of Ex-Spouse’s FRA Benefit | Monthly Benefit (if ex gets $2,000) |
|---|---|---|
| 62 | 32.5% | $650 |
| 63 | 35.0% | $700 |
| 64 | 37.5% | $750 |
| 65 | 41.7% | $833 |
| 66 | 45.8% | $917 |
| 67 (FRA) | 50.0% | $1,000 |
Important: Your Benefits Won’t Affect His
I know what you’re wondering – will claiming these benefits affect your ex-husband or his current spouse? Absolutely not! The Social Security Administration keeps this completely confidential:
- Your ex-husband will never be notified when you claim benefits on his record
- His own benefits won’t be reduced in any way
- If he remarried, his current spouse’s benefits won’t be affected either
This is truly a win-win situation – you’re simply claiming benefits you’re entitled to based on your marriage history.
What If You Have Your Own Work Record?
If you’ve worked and earned your own Social Security credits, things work a bit differently. The Social Security Administration follows what’s called the “dual entitlement rule”:
- They’ll calculate your own retirement benefit based on your work history
- They’ll calculate what you’d receive as a divorced spouse (up to 50% of your ex’s benefit)
- You’ll receive whichever amount is higher – not both
If your own benefit is lower than the spousal benefit, you’ll get your own benefit plus an additional amount to bring you up to the spousal benefit level.
Let me share a real example from one of the sources:
Joyce dedicated her time to raising children and caring for her elderly father, which limited her work history. Her own Social Security benefit at full retirement age would be $1,029 monthly. Her ex-husband Dominic’s benefit is $2,939 monthly.
As a divorced spouse, Joyce could receive up to 50% of Dominic’s FRA benefit, which is $1,470. Since this is more than her own benefit, she’d receive $1,470 monthly – giving her $441 more each month than if she claimed only on her own record. That’s an additional $5,292 annually!
When Delaying Doesn’t Help (For Spousal Benefits)
Here’s something crucial to understand: Unlike regular Social Security benefits, spousal benefits do not increase if you delay claiming beyond your full retirement age.
While your own retirement benefit grows by 8% per year if you delay claiming up to age 70, spousal benefits (including divorced spousal benefits) max out at your full retirement age. So there’s generally no advantage to waiting past your full retirement age to claim these benefits.
What Happens If You’ve Remarried?
If you remarried, you typically cannot collect benefits on your ex-husband’s record unless your current marriage ends (through divorce, annulment, or death). However, there’s an important exception:
If you’re currently divorced but have had multiple marriages that each lasted at least 10 years, you can choose to collect on whichever ex-spouse’s record gives you the highest benefit. Social Security will simply pay you the highest amount you’re entitled to.
How Working Affects These Benefits
If you claim these benefits before reaching your full retirement age and continue working, be aware of the earnings limit. In 2024, the annual earnings limit is $22,320. For every $2 you earn above this limit, $1 will be withheld from your benefits.
Once you reach full retirement age, these earnings restrictions disappear completely. You can earn as much as you want without reducing your Social Security benefits!
The Application Process: How to Apply
Ready to claim these benefits? Here’s how to get started:
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Gather your documents – You’ll need your divorce decree, marriage certificate, birth certificate, and Social Security numbers (yours and ideally your ex-spouse’s)
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Apply through one of these methods:
- Online at SSA.gov
- By phone at 1-800-772-1213
- In-person at your local Social Security office
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If you don’t have your ex’s Social Security number, don’t worry! The SSA can usually locate his record with his date and place of birth. If you don’t have your divorce decree, contact the clerk of the county where you divorced to obtain a copy.
Remember, when you apply for any type of Social Security benefit, you’re essentially applying for all benefits you might be eligible for. The Social Security Administration will calculate all possible benefits and pay you the highest amount.
Special Situations to Be Aware Of
Government Pension Offset
If you receive a pension from work not covered by Social Security (like certain government jobs), the Government Pension Offset may reduce your spousal benefits. This provision subtracts two-thirds of your pension amount from your Social Security benefit.
Taxation of Benefits
Your Social Security benefits might be subject to federal income tax if your combined income exceeds certain thresholds. Up to 85% of your benefits could be taxable depending on your total income. Some states also tax Social Security benefits, which can further affect your net income.
Real Life Example: How This Works
Let’s look at Joyce’s situation again:
Joyce was married to Dominic for over 10 years before they divorced. After raising their children and caring for her elderly father, Joyce had limited time in the workforce.
Her own Social Security benefit at full retirement age (67) would be $1,029 monthly. Dominic’s benefit at full retirement age is $2,939.
If Joyce claims divorced spousal benefits at her full retirement age, she could receive $1,470 (50% of Dominic’s FRA benefit), which is $441 more per month than her own benefit. Over 15 years, this difference adds up to an additional $79,380!
Even if Joyce waited until age 70 to claim her own benefit (which would increase to $1,296 with delayed retirement credits), the divorced spousal benefit would still be higher at $1,470.
Final Thoughts: Don’t Leave Money on the Table!
Social Security benefits for divorced spouses are an important financial resource that many people overlook. With gray divorce rates tripling since 1990, this benefit has become increasingly relevant for many Americans.
If you’re divorced, over 62, and were married for at least 10 years, it’s definitely worth checking if you qualify for these benefits. The extra income could make a significant difference in your retirement years.
Remember, claiming these benefits has absolutely no effect on your ex-spouse or their current family. It’s simply accessing benefits you earned through your years of marriage.
Have questions about your specific situation? The Social Security Administration can provide personalized guidance. Contact them at 1-800-772-1213 or visit your local office to speak with a representative who can help determine your eligibility and potential benefit amount.
Don’t leave money on the table that could improve your financial security in retirement!
“I’m ok with a small payment now, surely I’ll get more later?”
Many assume that the amount of their Social Security will increase when they reach their FRA. For example, they are getting $1000 a month at age 62. It’s a reduced amount and they are ok with that but in the back of their mind, they assume that amount will grow when they reach FRA. This isn’t true. When you start to draw benefits, you are basically locking in that amount for the rest of your life. The good news, is that monthly payment will continue no matter how long you live. The bad news is that amount will never go up. Yes, you will get a small Cost of Living Increase (COLA) each January, but inflation eats that up. Consider your monthly payment to be permanent as long as your ex spouse is alive. If he passes away, SSA will automatically switch you to a Survivor Benefit (100% vs. 50%). Put another way, you’ll be able to get the monthly payment your ex was getting when he died.
Remarriage Impacts Your Ability To Draw
If you remarry, you are no longer able to draw off your ex spouse. But, if you later divorce your 2nd spouse, your right to draw off your 1st spouse revives. You could be married to three people and each marriage lasted 10 years. If you are single, you can CHOOSE which spouse to draw benefits off of. Follow the steps above to find out which spousal benefit would pay you the most. The fact that your husband has remarried in no way impacts your ability to draw off of him. As long as you are currently single, you are eligible.
As a divorced spouse, you CAN draw off your former spouses Social Security work record as long as he
FAQ
What are the requirements to draw your ex-husband’s Social Security?
To apply for benefits on your ex-husband’s record, you’ll need documents proving your marriage and divorce, such as the marriage certificate and final divorce decree, and your own personal information, including your Social Security number, your ex-husband’s Social Security number and date of birth, and the dates of your marriage. You must also meet eligibility criteria, such as being at least 62 years old, not remarried, and having been married for at least 10 years.
Can I draw off my ex-husband’s Social Security if I remarry?
No, if you remarry, you are no longer eligible to collect Social Security benefits on your ex-husband’s record unless the second marriage ends in divorce, annulment, or death.