Can I get Social Security benefits from my ex-spouse?
If your marriage lasted at least 10 years, you may qualify for up to 50% of your ex-spouse's Social Security benefit — and it doesn't reduce their check at all. SSA doesn't even tell them. This is one of the most under-claimed benefits in the entire program.
Dr. Ed Weir, PhD · 20 years inside Social Security · "Former" Sergeant, USMC
Updated April 2026
Can I get Social Security benefits from my ex-spouse?
If your marriage lasted at least 10 years and you've been divorced at least 2 years, you may qualify for up to 50% of your ex-spouse's Primary Insurance Amount. You must be at least 62 and currently unmarried. Your ex is not notified, cannot block the claim, and their own benefit is not reduced. A divorce decree cannot sign away your SSA rights.
When you're ready for Medicare — usually at 65
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Here's what to do.
Most people don't realize these benefits exist — or they feel uncomfortable claiming them. Don't. These are your earned benefits.
1. Confirm you meet all 5 divorced-spouse requirements
All five must be true: your marriage lasted at least 10 years, you've been divorced at least 2 years (so you qualify independently of whether your ex has filed), you're currently unmarried, you're at least 62, and your own benefit is less than the divorced-spousal calculation.
The 10-year rule is a hard line. 9 years and 11 months — no benefit. 10 years and 1 day — you qualify. SSA does not bend on this.
SSA divorced spouse rules ›2. Pull together your marriage certificate AND your divorce decree
SSA needs both documents to verify the 10-year marriage and the divorce date. If you don't have copies, request them from the county where you got married and the court that finalized your divorce.
20 years at SSA taught me this is the most common reason divorced-spouse applications stall. The longer ago the marriage, the harder these papers can be to track down. Start gathering them before you're ready to apply.
3. Compare your own benefit to the divorced-spousal calculation
Pull your own retirement estimate at ssa.gov/myaccount. The divorced-spousal benefit is up to 50% of your ex's FRA benefit — SSA will tell you that number when you call them.
SSA pays you the higher of the two; they don't stack. If your own benefit is more than 50% of your ex's FRA benefit, the divorced-spousal calculation never applies.
my Social Security ›4. Apply by phone or in person — not online
Divorced-spouse claims usually can't be completed entirely online because SSA needs to see your marriage certificate and divorce decree. Call 1-800-772-1213 or visit your local SSA office.
Your ex is not notified. Their benefit is not affected. Their current spouse's benefit is not affected. The application is between you and SSA — nobody else has any say.
Apply for benefits ›2026 divorced-spouse benefit rules
Which of these sounds more like you?
Your divorce situation affects the rules. Pick what fits.
We were married less than 10 years10-year rule is non-negotiable
The 10-year rule is firm. SSA does not bend on it. 9 years and 11 months gets you no benefit. The full 10 years and one day gets you the entire set of rights.
If you're still married and you're considering divorce around the 10-year mark, this is one of the most concrete reasons to know your timeline. Whether to delay a divorce to qualify for divorced-spouse benefits is a personal financial decision — a fee-only fiduciary financial planner or family-law attorney can help you weigh it.
If you're approaching 10 years of marriage and considering divorce, the timing matters. 9 years 11 months = no benefit. 10 years 1 day = full eligibility.
I'm currently remarriedCurrent marriage blocks divorced-spouse on a prior ex
If you remarry before age 60, you cannot claim divorced-spouse benefits on your prior ex's record while the new marriage continues. The remarriage cuts off your divorced-spouse rights.
If the new marriage ends — by death, divorce, or annulment — you can claim on your prior ex again. After age 60 (50 if disabled), the rules differ on the survivor side: a remarriage after 60 doesn't kill survivor benefits from a deceased ex.
I have multiple eligible exes (each marriage 10+ years)You can claim on whichever ex pays more
If you've had multiple marriages each lasting at least 10 years, you can choose to claim on whichever ex's record gives you the highest benefit. SSA does not require you to pick the most recent.
This is one of the most under-known parts of the rules. People assume it has to be the latest ex — it doesn't. Run the comparison and pick the bigger benefit.
My ex hasn't filed for retirement yetAfter 2 years divorced, you can claim independently
If you've been divorced at least 2 years, you can claim divorced-spouse benefits independently — your ex does not have to have filed yet. This is one of the most important differences between divorced-spouse and regular spousal rules.
This is called 'independent entitlement.' If your divorce is more recent than 2 years, you have to wait until either 2 years pass or your ex files for their own retirement, whichever comes first.
I think my own retirement benefit might be higher than 50% of my ex'sSSA pays the higher of own vs divorced-spousal
SSA pays you the higher of your own benefit or up to 50% of your ex's FRA benefit — whichever is bigger. They don't stack.
If you worked your full career and your own FRA benefit is more than 50% of your ex's FRA benefit, the divorced-spousal calculation never applies. You'll just collect on your own record.
My ex has died — do I qualify for something different?Switch to divorced-survivor rules instead
If your ex has died, you would claim survivor benefits, not divorced-spouse benefits. Divorced-survivor rules are more generous — up to 100% of what your ex was receiving (or would have been entitled to receive), as early as age 60 (50 if disabled).
A remarriage after age 60 does NOT cut off divorced-survivor benefits. This trips a lot of people up. See our survivor-benefits page for the specific rules.
Divorced-survivor rules are different and more generous than divorced-spouse rules. See our survivor-benefits page.
I'm helping someone else with divorced-spouse benefitsBystander — I'm not the one filing
If you're helping a parent, friend, or relative figure out divorced-spouse benefits, the most useful thing is to confirm the 10-year marriage and gather the marriage certificate plus divorce decree before they sit down with SSA.
Missing paperwork is the most common reason these claims stall. Paperwork first, then a phone call to 1-800-772-1213 to start the application.
My situation is different from theseTell me what's specific to you
GPO offset (if you have a non-Social-Security pension), same-sex marriages predating Obergefell, common-law marriages, and other less-common scenarios all have specific rules. Tell me what's specific about your situation.
For anything genuinely unusual — multiple records, GPO/WEP issues, or international marriages — calling SSA at 1-800-772-1213 is faster than guessing through online rules.
Divorced retirees often qualify for programs beyond their ex-spouse's record.
Divorced retirees — especially those with lower lifetime earnings — often qualify for more programs than they realize.
Medicare Savings Program (MSP)
Once on Medicare, the Medicare Savings Program may cover your Part B premium — $202.90/month — plus deductibles. Many divorced single seniors qualify and don't realize it.
Extra Help (Low Income Subsidy)
Extra Help can cut Medicare Part D prescription costs to near zero. SSA administers it directly. Single divorced filers on a divorced-spousal benefit are often a fit.
Medicaid
If your divorced-spousal benefit is your main income, you may qualify for Medicaid alongside Medicare. Medicaid covers what Medicare doesn't — including long-term care.
SNAP (Food Benefits)
Many divorced seniors live close to the SNAP gross income limit — $2,510/mo/month for a household of one in 2026. If your divorced-spousal benefit is modest, check before assuming you don't qualify.
LIHEAP (Energy Bill Help)
LIHEAP helps cover heating and cooling bills for retirees on fixed incomes. Especially useful if your divorced-spousal is your primary income source. Federally funded, state administered.
Property Tax Relief
Most states offer senior property tax breaks — exemptions, deferrals, or circuit-breaker credits. If you kept the house in your divorce and your income dropped, this is among the most under-claimed benefits in the country.
Everything people ask me
How much can I get from a divorced ex's Social Security record?
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.
Will my ex be notified if I claim on their record?
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.
What if I'm currently remarried — can I still claim on a prior ex?
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.
What if I have multiple ex-spouses each with 10+ year marriages?
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.
What if my ex hasn't filed for retirement benefits yet?
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.
Can a divorce decree sign away my Social Security rights?
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.
What if my ex has died — do I qualify for something different?
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.
How do I apply for divorced-spouse benefits?
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.
Will claiming on my ex affect their or their current spouse's benefit?
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.
What documents do I need to apply for divorced-spouse benefits?
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.
Sources
Every figure and rule on this page is verified against primary sources. Last verified 2026.
- FRA for born 1960 or later = 67 —ssa.gov(verified 2026-04-27)
- PIA formula uses 35 highest-earning years indexed for inflation (AIME calculation) —ssa.gov(verified 2026-04-27)
- Spousal benefit max = 50% of worker's PIA, based on PIA (FRA amount) not on actual collected amount. Worker's early-filing reduction does not reduce spousal amount. —secure.ssa.gov(verified 2026-05-07)
- Deemed filing rule: For those born January 2, 1954 or later, claiming retirement benefits triggers a deemed claim of any spousal benefit available (and vice versa). Deemed filing does NOT apply to … —ssa.gov(verified 2026-04-27)
- Spousal benefit early-claiming reduction: 25/36 of 1% per month for the first 36 months before FRA, then 5/12 of 1% per month beyond. At FRA of 67, claiming spousal at 62 (60 months early) reduces … —ssa.gov(verified 2026-04-27)
- No delayed retirement credits accrue on spousal benefits. The 50% of worker's PIA is the maximum spousal amount regardless of when the claiming spouse files. Delaying past FRA does not increase the … —ssa.gov(verified 2026-04-27)
- When a beneficiary qualifies for both their own retirement and a spousal benefit, SSA pays the higher of the two amounts — they do not stack. If the beneficiary's own retirement benefit exceeds 50% of … —secure.ssa.gov(verified 2026-05-07)
- Spousal benefits paid to a spouse on the worker's record do NOT reduce the worker's own benefit. Spousal payments come from SSA, paid in addition to the worker's own benefit, not deducted from it. —secure.ssa.gov(verified 2026-05-07)
- Divorced-spouse benefits eligibility (cross-referenced from spousal-benefits page): marriage of at least 10 years required, divorce final, ex-spouse entitled to benefits (or a 2-year … —secure.ssa.gov(verified 2026-05-07)
- Survivor benefits (cross-referenced from spousal-benefits page): pay up to 100% of what the deceased worker was receiving (or would have been entitled to receive at death), claimable as early as age … —ssa.gov(verified 2026-05-07)
- When a divorced spouse files for benefits on an ex's record, SSA processes the claim independently. The ex doesn't have to file or even be aware: the independently entitled divorced spouse rule … —secure.ssa.gov(verified 2026-05-07)
- Multiple eligible ex-spouses: when a claimant has had multiple marriages each lasting 10+ years and ending in divorce, the claimant may choose to claim divorced-spouse benefits on whichever ex's … —secure.ssa.gov(verified 2026-04-27)
- Remarriage rules for divorced-spouse vs divorced-survivor benefits: a current marriage cuts off divorced-spouse benefits on a prior ex's record while the new marriage continues; if the new marriage … —secure.ssa.gov(verified 2026-05-07)
- Divorced-survivor benefits parallel survivor benefits with same 10-year marriage requirement that applies to divorced-spouse. Pay up to 100% of what the deceased ex was receiving (or would have been … —secure.ssa.gov(verified 2026-05-07)
- State divorce decrees cannot waive a person's federal Social Security rights. Decree language purporting to waive a spouse's claim on the ex's SSA record is unenforceable due to federal preemption. … —law.cornell.edu(verified 2026-04-29)
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