Can You Collect Social Security From Your Ex-Husband?

A divorced spouse can collect up to 50% of an ex-husband’s full-retirement-age benefit while he is living, or up to 100% of it as a survivor if he has died. That is the ceiling. To find out how much Social Security you can get from your ex-husband in your specific case, create a free my Social Security account at ssa.gov or call SSA at 1-800-772-1213 for a personalized estimate based on his earnings record. SSA will not disclose his benefit amount to you, but they will calculate and tell you yours.

The 50% Ceiling and What Reduces It

The maximum divorced-spouse benefit equals 50% of your ex-husband’s primary insurance amount, which is the monthly benefit he would receive at his full retirement age. You reach that 50% only if you wait until your own full retirement age to file.¹ For anyone born in 1960 or later, that age is 67.

Filing earlier permanently reduces the check. Claim at 62 when your full retirement age is 67, and the divorced-spouse benefit falls to 32.5% of his primary insurance amount rather than 50%.¹ The reduction is not recoverable once payments begin.

Waiting past full retirement age does not increase the amount. Delayed retirement credits, which grow a worker’s own retirement benefit by up to 8% per year of delay, do not apply to spousal or divorced-spouse benefits.² Fifty percent at full retirement age is the ceiling while he is alive.

There is another way the amount can effectively be zero. If your own retirement benefit equals or exceeds what you’d receive on his record, the divorced-spouse benefit adds nothing. Under “deemed filing,” anyone born on or after January 2, 1954, is treated as applying for both their own retirement and any spousal benefit at the same time. SSA pays whichever is higher, not both.³⁴ Your real decision is when to file, not which benefit to claim.

Who Qualifies

Before the dollar amount matters, you have to be eligible. All of the following must be true:⁵

Your marriage lasted at least 10 years. Even a day short disqualifies you. If you married and divorced the same person more than once, SSA may combine those periods when you remarried no later than the calendar year after the divorce became final.⁶
You are at least 62.
You are currently unmarried. If you remarried and that later marriage ended by divorce, annulment, or death, eligibility on your first ex-husband’s record can resume.
Your ex-husband qualifies for Social Security retirement or disability benefits, even if he has not yet filed.
If he has not filed, your divorce must have been final for at least two years before you can claim on his record.

Claiming on your ex-husband’s record does not reduce his own check, and it does not affect what his current spouse or children receive. SSA treats divorced-spouse benefits as an independent entitlement, and divorced spouses are exempt from the family maximum that otherwise caps what SSA pays on a single worker’s record.⁷

If Your Ex-Husband Has Died

Survivor rules are more generous. A surviving divorced spouse can collect up to 100% of what he was receiving, or would have received, at his full retirement age rather than 50%.⁸ And if he earned delayed retirement credits by claiming after his full retirement age, those credits carry over and increase your survivor amount, unlike the divorced-spouse benefit paid while he was alive.²

Several other rules loosen for survivors:

You can claim as early as age 60, at a reduced rate of about 71.5%, with the percentage rising the closer you file to your full retirement age for survivors.⁸
If you have a disability, you can claim as early as age 50.⁹
If you are caring for your ex-husband’s child who is under 16 or disabled, you can claim at any age and the 10-year marriage rule does not apply.⁹
Remarrying after 60 does not cut off survivor benefits, though it would cut off divorced-spouse benefits paid while he was living.¹⁰

What if You Were Married More Than Once for 10 Years?

If you had more than one marriage that lasted at least 10 years, you can potentially qualify on more than one ex-spouse’s record. SSA will look at each and pay the highest amount, not the sum.⁶ When you apply, make sure SSA evaluates every qualifying record.

What Can Shrink the Check After It Starts

Working Before Full Retirement Age

If you file before your full retirement age and keep working, the earnings test can temporarily reduce your payments. In 2026:¹¹

Under full retirement age for the entire year: SSA withholds $1 for every $2 you earn above $24,480.
Reaching full retirement age during 2026: in the months before your birthday, SSA withholds $1 for every $3 above $65,160.
At or past full retirement age: no earnings limit.

The withheld amount is not permanently lost. Once you reach full retirement age, SSA recalculates your benefit to credit back the months that were reduced.

Federal Income Taxes

Divorced-spouse benefits are taxed the same as any Social Security income. Federal tax turns on “combined income,” which is your adjusted gross income plus nontaxable interest plus half of your Social Security. Single filers with combined income above $25,000 owe tax on up to 50% of benefits; above $34,000, up to 85% is taxable. For joint filers, the thresholds are $32,000 and $44,000.¹² Those thresholds are not indexed for inflation.

Getting the Exact Number From SSA

The my Social Security account at ssa.gov shows estimated benefits based on a spouse’s or former spouse’s earnings, along with what you would receive on your own record.¹³ It is a good starting point, but the calculator doesn’t capture every wrinkle of divorced-spouse eligibility. If you have been divorced more than once, are within the two-year waiting period, or are unsure whether you qualify, call SSA at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, 7 a.m. to 7 p.m., or visit your local office.¹⁴

To help SSA locate his record, bring his Social Security number if you have it. If you don’t, provide his full name, date and place of birth, and his parents’ names. SSA can usually find the record with that.¹⁵ They will not share his benefit amount, address, or any other personal details, but they will tell you what you are entitled to.

How to Apply

You can apply online at ssa.gov within three months of turning 62, by phone at 1-800-772-1213, or in person at a local office. Booking an appointment shortens the wait. Gather the following documents before you file:¹⁶

Your birth certificate or other proof of birth
Your marriage certificate
Your final divorce decree
Proof of U.S. citizenship or lawful status if you were not born in the United States
Your ex-husband’s Social Security number, if you have it
Last year’s W-2 or self-employment return if you are still working

If you can’t find your divorce decree, contact the clerk of court in the county where it was finalized. Certified copies typically run $5 to $30. SSA needs the certified document, not a personal photocopy.

1
Social Security Administration. Benefits for Spouses
2
Code of Federal Regulations. 404.313 What Are Delayed Retirement Credits and How Do They Increase My Old-Age Benefit Amount?
3
Social Security Administration. POMS GN 00204.035 – Deemed Filing
4
Social Security Administration. POMS RS 00615.020 – Dual Entitlement Overview
5
Social Security Administration. Can Someone Get Social Security Benefits on Their Former Spouse’s Record?
6
Social Security Administration. If You Had A Prior Marriage
7
Social Security Administration. Understanding the Social Security Family Maximum
8
Social Security Administration. What You Could Get From Survivor Benefits
9
Social Security Administration. Survivors Benefits
10
Social Security Administration. Will Remarrying Affect My Social Security Benefits
11
Social Security Administration. Receiving Benefits While Working
12
Office of the Law Revision Counsel. 26 USC 86 – Social Security and Tier 1 Railroad Retirement Benefits
13
Social Security Administration. Spouse’s Benefit Estimates
14
Social Security Administration. Other Ways To Apply For Benefits
15
Social Security Administration. POMS RS 00202.100 – Independently Entitled Divorced Spouse
16
Social Security Administration. Form SSA-2 – Information You Need to Apply for Spouse’s or Divorced Spouse’s Benefits