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Retirement Literacy Foundation · Educational Guide

Divorced Spouse Social Security: Can You Collect on Your Ex's Record?

Updated · By the Retirement Literacy Foundation · Sources: SSA, IRS, CMS

Short answer: Yes, if your marriage lasted at least 10 years, you are unmarried, and you are 62 or older. You can get up to half of your ex's full benefit at your full retirement age (FRA), and your claim does not reduce what your ex gets (SSA Publication 05-10035, checked October 14, 2026). If your ex has died, you may get up to 100% of their benefit as a surviving divorced spouse (SSA).

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The divorced spouse checklist

These are the rules from our workshop slide, each checked against the Social Security Administration (SSA). You need to meet all of the first six.

RuleWhat SSA requiresSource
Married 10 years or moreThe divorce became final on or after your 10th wedding anniversarySSA POMS RS 00202.005
You are unmarried nowYou must not be married when you claim on your ex's recordSSA Publication 05-10127
You are 62 or olderSpousal benefits on an ex's record start at 62SSA Publication 05-10127
Your ex is 62 or olderYour ex must be entitled to retirement or disability benefits, or be 62 and eligibleSSA Publication 05-10127
Divorced 2 years, if your ex has not filedIf your ex is 62 but has not claimed, you must be divorced at least 2 continuous yearsSSA POMS RS 00202.005
Your own benefit is smallerYour own benefit must be less than the one based on your ex's workSSA Publication 05-10127
No effect on your exYour benefit does not reduce what your ex or their current spouse getsSSA Publication 05-10035
Your ex remarrying does not matterAn ex's remarriage is not one of the events that ends a divorced spouse benefitSSA POMS RS 00202.040
More than one 10-year marriageYou may qualify on more than one record, and SSA pays the highest amount, not the sumSSA

You do not need your ex's permission or help to apply. SSA asks for your ex's Social Security number. If you do not know it, you can give their date and place of birth and their parents' names (SSA Publication 05-10127).

How much a divorced spouse can get

At your FRA, the most you can get is 50% of your ex's full benefit, the amount they would get at their own FRA (SSA). If you claim earlier, it is reduced. With an FRA of 67, a divorced spouse with no work record of their own gets 32.5% of the ex's full benefit at 62 (SSA Publication 05-10035).

If you also have your own work record, SSA pays your own benefit first and adds a top-up to reach the spousal amount. It does not add the two in full (SSA Publication 05-10035). Benefits paid to an ex-spouse also do not count against the family maximum on your ex's record (SSA).

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Carol's claim on her ex-husband's record

This is a hypothetical example using 2026 rules. Carol was married for 14 years and has been divorced for 9. She was born in 1964, so she turns 62 in 2026 and her FRA is 67. Her ex-husband's full benefit at his FRA is $2,800 a month. Carol's own full benefit is $900.

Half of $2,800 is $1,400. That is the most Carol can get as a divorced spouse. Because her own $900 is less than $1,400, she qualifies for a $500 top-up on top of her own benefit.

Claim at 62Claim at FRA (67)
Carol's own benefit (full: $900)$630 (70%)$900
Spousal top-up ($1,400 minus $900 = $500)$325 (65% of $500)$500
Total monthly check$955$1,400
Share of her ex's $2,800 full benefit34%50%

The arithmetic at 62: her own $900 is cut 30% to $630, and the $500 top-up is cut 35% to $325, for $955 a month. SSA's tables show those two cuts for anyone born in 1960 or later (SSA). At 67 she gets the full $900 plus $500, which is $1,400. Ignoring cost-of-living adjustments (COLA), waiting from 62 to 67 adds $445 a month.

Two rules shape her choice. First, deemed filing: anyone born on or after January 2, 1954 who is eligible for both their own and a spousal benefit must apply for both at once (SSA Publication 05-10035; SSA POMS GN 00204.035). Carol cannot take only the top-up early and save her own benefit for later. Second, waiting past FRA does not raise a spousal benefit. SSA says the spousal amount grows until FRA, not after (SSA).

Her claim does not change her ex's check or his new wife's check (SSA Publication 05-10035).

Remarriage: the rule the slide got half right

Our workshop slide says, "If you remarry before age 60, you lose your ex's Social Security benefits." That line is true for survivor benefits after an ex has died. It is not the rule for spousal benefits while your ex is alive.

Spousal benefits on a living ex: remarrying at any age generally ends them (SSA POMS RS 00202.040). A narrow exception applies if you marry someone who is getting certain Social Security benefits, such as widow's or divorced spouse's benefits (SSA POMS RS 00202.045). If the later marriage ends by divorce or death, you may qualify on your ex's record again (SSA POMS RS 00202.046).

Survivor benefits on an ex who has died: remarrying before 60 (50 if disabled) generally blocks them while that marriage lasts. Remarrying at 60 or later does not (SSA Publication 05-10084; SSA POMS RS 00207.003).

Your ex remarrying: does not affect you either way (SSA POMS RS 00202.040).

If your ex has died: surviving divorced spouse benefits

A surviving divorced spouse can claim at 60, or 50 to 59 with a disability, if the marriage lasted at least 10 years (SSA Publication 05-10084). Payments start at 71.5% of the ex's benefit at 60 and rise to 100% at your survivor FRA, which is between 66 and 67 (SSA, checked October 14, 2026).

If your ex claimed early, the survivor benefit is limited to the larger of the reduced amount your ex would be getting or 82.5% of the ex's full benefit (SSA POMS RS 00615.320). Your survivor benefit does not reduce benefits for your ex's widow or other survivors (SSA Publication 05-10084).

You can also take one benefit first and switch later. SSA gives the example of starting on survivor benefits and switching to your own retirement benefit at 70 if that is higher (SSA). Deemed filing does not apply to survivor benefits (SSA POMS GN 00204.035).

For Carol, that would mean up to $2,800 a month at her survivor FRA if her ex had claimed at his FRA. Our widow's benefit guide covers the details.

How to apply

  1. Get your own benefit estimate from your my Social Security account at ssa.gov.
  2. Call SSA at 1-800-772-1213 (TTY 1-800-325-0778), 8 a.m. to 7 p.m., Monday through Friday, or make an appointment at a local office (SSA).
  3. Have your birth certificate, your marriage and divorce papers, and your ex's Social Security number or their birth date, birthplace and parents' names ready (SSA Publication 05-10035; SSA Publication 05-10084; SSA Publication 05-10127).
  4. Bring originals or copies certified by the office that issued them. SSA does not accept photocopies or notarized copies (SSA Publication 05-10035).
  5. Ask SSA to compare every record you qualify on: your own, each 10-year ex, and any survivor benefit.

Do not wait to apply because a document is missing. SSA says it can help you get it (SSA Publication 05-10035).

Common mistakes

A tax professional can show how the extra income fits with your taxes.

These numbers change every year

The IRMAA brackets, the standard deduction and the senior deduction are all adjusted annually, and the 2027 figures are published late in 2026. The one exception is the Social Security taxation thresholds, which have not moved since 1983 and are not expected to.

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Model spousal and survivor benefits

See how spousal and survivor benefits work for two people with different records and claiming ages. Nothing is sold.

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Sources

  1. SSA Publication 05-10035: Retirement Benefits (January 2026)
  2. SSA Publication 05-10127: What Every Woman Should Know (May 2026)
  3. SSA Publication 05-10084: Survivors Benefits (April 2026)
  4. SSA POMS RS 00202.005: Divorced Spouse (checked October 14, 2026)
  5. SSA POMS RS 00202.040: Spouse's Benefits, Termination Events (checked October 14, 2026)
  6. SSA: What you could get from Family benefits (checked October 14, 2026)
  7. SSA: What you could get from Survivor benefits (checked October 14, 2026)
  8. SSA POMS RS 00207.003: How Remarriage Affects Widow(er)'s Benefits (checked October 14, 2026)

Frequently asked questions

Can I collect Social Security from my ex-husband if we were married 10 years?

Yes, if the divorce became final on or after your 10th anniversary, you are unmarried and 62 or older, and your own benefit is smaller than the spousal amount.

Do I need my ex's permission to claim on their record?

No. You apply on your own and give SSA your ex's Social Security number or their birth date, birthplace and parents' names. Your claim does not change your ex's benefit.

Can an ex-spouse get my Social Security if I remarried?

Yes. Your remarriage does not affect an ex who qualifies, and what they get does not reduce your benefit or your current spouse's benefit.

What happens if I remarry?

Remarrying generally ends divorced spouse benefits on a living ex. For survivor benefits after an ex dies, remarrying at 60 or later does not stop them.

How much will I get as a divorced spouse?

Up to 50% of your ex's full benefit if you claim at your full retirement age. With a full retirement age of 67, claiming at 62 pays as little as 32.5%.

Can I get survivor benefits from an ex-spouse?

Yes, if you were married at least 10 years. You can claim from age 60 and get up to 100% of your ex's benefit at your survivor full retirement age.

Want to run these numbers for your own situation?

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Prepared by the Retirement Literacy Foundation under founder Hans Goldstein, EA (Enrolled Agent, admitted to practice before the IRS). Adapted from the Foundation’s free Social Security and taxes workshop. Figures are checked against IRS, SSA and CMS publications and dated where they appear. Published October 14, 2026. How we write and check our guides.

The Retirement Literacy Foundation is a 501(c)(3) nonprofit. This guide is general education, not individualized tax, legal or investment advice. Rules change with legislation and IRS and SSA guidance, and the right move depends on your situation. Check anything you plan to act on with SSA, the IRS or a qualified tax professional.

Hans Goldstein

Hans Goldstein, EA

Founder & Executive Director · Retirement Literacy Foundation, a 501(c)(3) non-profit
Admitted to practice before the IRS

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