You can claim on your ex-spouse's Social Security record if you were married at least 10 years, are at least 62 years old, and are not currently married

Social Security lets you draw benefits based on your ex-spouse's work record instead of your own. This is called divorced spousal benefits. You do not need your ex-spouse's permission, and claiming on their record does not reduce the amount they receive. The benefit amount depends on your age when you start, your ex-spouse's earnings history, and whether they have already started collecting.

The 10-year marriage rule is strict: the marriage must have lasted at least 10 years to the day. If you divorced after 9 years and 11 months, you cannot use this route. Social Security counts the marriage from the date you were legally married to the date the divorce was final.

You must also be unmarried at the time you claim. If you remarry, you lose the right to benefits on your ex-spouse's record, even if that new marriage ends later. The only exception is if you remarry after age 60 (or 50 if you are disabled)—then you can still claim on your ex-spouse's record.

Key Takeaways

  • You need a marriage that lasted at least 10 years, and you must be at least 62 years old and currently unmarried to claim on your ex-spouse's record.
  • Your ex-spouse does not have to be collecting Social Security yet for you to claim on their record, as long as you are at least 62 and the divorce was final at least two years ago.
  • The amount you receive is based on your ex-spouse's earnings record and your age when you start, not on how much they are collecting.
  • Remarrying before age 60 ends your right to divorced spousal benefits, but remarrying after 60 does not affect your claim.
  • You can claim on your ex-spouse's record even if they remarry, and your claim does not reduce their benefits or their current spouse's benefits.

Age requirements and when you can start collecting

You must be at least 62 years old to claim divorced spousal benefits. However, the amount you receive changes based on when you start. If you claim at 62, you receive a reduced amount—typically around 32 to 35 percent of your ex-spouse's full retirement benefit. If you wait until your full retirement age (which ranges from 66 to 67 depending on your birth year), you receive a larger amount, usually around 50 percent of what your ex-spouse would get at their full retirement age.

There is no advantage to waiting past your full retirement age to claim on your ex-spouse's record. Unlike your own Social Security benefit, divorced spousal benefits do not increase if you delay past full retirement age. This is different from the rules for your own work record, where waiting until 70 increases your benefit by 8 percent per year.

If you are disabled and under 62, you may be able to claim divorced disabled-worker benefits at any age, as long as your disability began before age 22 or you became disabled before reaching full retirement age. This is a separate path from divorced spousal benefits and has its own rules.

Your ex-spouse does not have to be collecting yet

A common misunderstanding is that your ex-spouse must already be receiving Social Security for you to claim on their record. This is not true. As long as you are at least 62, your marriage lasted 10 years, you are unmarried, and your divorce was final at least two years ago, you can claim on their record whether they have started collecting or not.

If your ex-spouse has not yet claimed, Social Security will use their earnings record to calculate what they would receive at their full retirement age. Your benefit is then based on that amount, not on what they actually collect. This means you can claim at 62 even if your ex-spouse is still working and plans to wait until 70 to start their own benefits.

The only exception is if your divorce was final less than two years ago. In that case, your ex-spouse must have already started collecting Social Security before you can claim on their record, even if you are 62 or older.

How the benefit amount is calculated

Your divorced spousal benefit is based on your ex-spouse's Primary Insurance Amount (PIA)—the amount they would receive at their full retirement age. Social Security does not look at what they actually chose to collect. If they claimed early and receive a reduced amount, your benefit is still calculated from their full retirement age amount.

Your age when you claim determines your percentage of that amount. At 62, you receive roughly 32 to 35 percent. At your full retirement age, you receive roughly 50 percent. The exact percentage varies slightly based on your birth year and the specific rules in effect when you claim.

If you have your own Social Security record, Social Security will pay you your own benefit first. If your divorced spousal benefit would be larger, they add the difference. This is called the deemed filing rule. You cannot choose to take only the divorced spousal benefit and delay your own—if you claim, you are deemed to claim on both records at once.

What happens if your ex-spouse dies

If your ex-spouse dies, you may be able to claim divorced survivor benefits instead. The rules are similar: the marriage must have lasted 10 years, you must be unmarried (with the same exception for remarriage after 60), and you must be at least 60 years old. If you are caring for your ex-spouse's child who is under 16, you can claim at any age.

Divorced survivor benefits are typically larger than divorced spousal benefits. At your full retirement age, you can receive up to 100 percent of what your ex-spouse was receiving or would have received. At 60, you receive about 71 to 75 percent, depending on your birth year.

You do not need to have been claiming on your ex-spouse's record before they died. You can claim survivor benefits even if you never claimed divorced spousal benefits while they were alive.

How to claim on your ex-spouse's record

Contact Social Security directly to claim. You can call 1-800-772-1213, visit your local Social Security office, or start an process online at ssa.gov. You will need to provide proof of your age, your marriage certificate, your divorce decree, and your ex-spouse's Social Security number.

Social Security will verify that your marriage lasted 10 years and that your divorce was final. They will also check whether you are currently married. If everything checks out, they will calculate your benefit based on your ex-spouse's earnings record and your age.

The process typically takes two to four weeks from the time you submit your process. Social Security will contact you if they need additional documents. Your first payment usually arrives within one to two months after your claim is approved.

What happens if you remarry

If you remarry before age 60, you lose the right to claim on your ex-spouse's record. This is permanent—even if that new marriage ends in divorce or death, you cannot go back to claiming on your first ex-spouse's record. You would have to meet the 10-year marriage requirement with your new spouse instead.

If you remarry after age 60, you keep your right to claim on your first ex-spouse's record. You can continue collecting those benefits even if your new marriage ends. This exception exists only if you were already 60 or older when you remarried.

If you remarry after you have already started collecting divorced spousal benefits, your benefits do not stop when ready. However, Social Security will review your case. If your new spouse has a higher earnings record, Social Security may recalculate your benefit based on the new marriage instead.

Frequently Asked Questions

Does claiming on my ex-spouse's record reduce what they receive?

No. Your ex-spouse's benefit amount is not affected by your claim. They receive their full amount based on their own earnings record, regardless of whether you, a current spouse, or children claim on their record. Each person's benefit is calculated separately.

Can I claim on more than one ex-spouse's record?

No. You can claim on only one ex-spouse's record at a time. If you were married to multiple people for 10 years or longer, Social Security will calculate your benefit on each record and pay you the larger amount. You cannot receive benefits from both.

What if my ex-spouse is still working and has not claimed yet?

You can still claim at 62 or older. Social Security will calculate your benefit based on what your ex-spouse would receive at their full retirement age, not on their current earnings. Your claim does not affect their ability to work or delay claiming.

If I claim at 62, can I change my mind and wait until later for a larger benefit?

Once you claim, you cannot undo it. However, you have a limited window—within 12 months of claiming, you can withdraw your process and repay all benefits received. After that, you are locked in at the reduced rate. This option is rarely used because it requires repaying a large sum.

What if I was married for exactly 10 years to the day?

You meet the requirement. Social Security counts the marriage from the legal marriage date to the legal divorce date. If those dates are exactly 10 years apart, you are may have access to to claim on your ex-spouse's record.