Can I get Social Security benefits from my ex-spouse?

Up to 50% of your ex's full retirement age benefit (their PIA). If you claim before your own FRA, the amount is permanently reduced — about 32.5% of their PIA at 62 instead of 50%.

SSA pays you the higher of your own benefit or the divorced-spousal calculation, not both.

No. Your ex is not notified. They cannot block the claim. Their own benefit is not reduced. Their current spouse's benefit is not affected.

This is one of the most-asked questions on divorced-spouse claims. SSA processes the application based on the records and documents you provide — the ex is not part of it.

Generally no, while the new marriage is ongoing. A current marriage cuts off divorced-spouse benefits from a prior ex.

If the current marriage ends — by death, divorce, or annulment — you can claim on the prior ex again. The rules are different on the survivor side: a remarriage after age 60 (50 if disabled) does NOT cut off divorced-survivor benefits.

You can claim on whichever ex's record gives you the highest benefit. SSA does not require you to use the most recent or any specific one.

For each ex with a 10+ year marriage, ask SSA for an estimate of what 50% of their FRA benefit would pay you. Pick the bigger number.

If you've been divorced at least 2 years, you can claim independently — your ex does not have to have filed. This is called 'independent entitlement' and it's one of the biggest differences from regular spousal benefits.

If your divorce is more recent than 2 years, you'll have to wait until either 2 years pass since the divorce or your ex files for their own retirement, whichever comes first.

No. State divorce decrees cannot override federal Social Security law. Even if your divorce decree includes language waiving your rights to your ex's Social Security record, that clause is unenforceable.

File your divorced-spouse claim regardless. SSA does not honor those waivers.

Yes — you'd switch to divorced-survivor benefits, which are more generous. Up to 100% of what your ex was receiving (or would have been entitled to receive) at death, as early as age 60 (50 if disabled).

Divorced-survivor benefits also have a key advantage: a remarriage after age 60 does NOT cut them off. The 10-year marriage requirement still applies. See our survivor-benefits page for the full rules.

Call 1-800-772-1213 or visit your local SSA office. Most divorced-spouse claims can't be completed entirely online because SSA needs to verify the marriage and divorce dates from the original documents.

You'll need: your Social Security number, your ex's Social Security number (if you have it), your marriage certificate, your divorce decree, and direct deposit info. If you don't have your ex's SSN, SSA can usually look it up from the marriage record.

No. Your divorced-spouse benefit does not reduce your ex's check, their current spouse's check, or any benefits paid to their children.

SSA pays your benefit from a separate calculation. Multiple eligible parties can each receive benefits on the same record without reducing the others.

You'll need: certified copy of your marriage certificate (showing marriage 10+ years ago), certified copy of your divorce decree (showing the date of finality), your Social Security number, your ex's Social Security number if known, proof of age, and direct deposit info.

If the marriage and divorce records are old or out of state, request certified copies several weeks before you apply. The vital-records office in the county where you got married handles marriage certificates; the court that finalized the divorce handles the decree.