Can a divorced woman claim her ex husband's Social Security?

Asked by: Prof. Brendan Rolfson  |  Last update: August 28, 2026
Score: 4.8/5 (46 votes)

Yes, a divorced woman can claim her ex-husband's Social Security benefits if their marriage lasted at least 10 years, she is unmarried, at least 62, and her own benefit isn't higher than what she'd get from his record; this doesn't reduce his or his current spouse's benefits and she can apply even if he remarried, getting up to 50% of his primary benefit.

What are the rules for ex spouse Social Security?

Social Security offers benefits for divorced spouses if you were married 10+ years, are unmarried, at least 62, and your ex is eligible for benefits (even if not yet claiming); you'll get up to half your ex's amount at your full retirement age, but only if it's more than your own benefit, and you can apply earlier for a reduced amount. Your ex-spouse's remarriage doesn't affect your eligibility, and you don't need their permission to apply.

How much does an ex-wife get from Social Security?

The maximum ex-spousal benefit is up to 50% of the higher earner's benefit and capped at their full retirement age (FRA) amount, also known as the Primary Insurance Amount or PIA. Most will get a higher benefit based on their own record, rather than an ex-spouse's.

Can a housewife collect Social Security?

Yes, housewives (or homemakers) can get Social Security benefits, often through spousal benefits based on their partner's earnings record if they have little or no work history of their own, allowing them to receive up to half their spouse's benefit, or even a widow's benefit if their spouse dies. They can also qualify on their own record if they've worked and earned enough, but spousal benefits are common for full-time parents/homemakers, with rules for current/ex-spouses.

Can I collect my ex-husband's Social Security and still work?

You can get Social Security retirement or survivor benefits and work at the same time. If you claim your benefit at full retirement age or later and you are still earning income, your benefit will not be impacted no matter how much you earn.

How Divorced Social Security Spousal Benefits Work

29 related questions found

How can I find out my ex-husband's Social Security benefits?

Call your local office or Social Security's national customer service line (800-772-1213) to make an appointment. You'll need to show your marriage certificate and divorce decree to prove that the union lasted at least 10 years, the basic qualification for ex-spouses to receive benefits.

How long do you have to be married to a man to get his Social Security?

Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.

Does Social Security go to an ex-wife?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

What percentage does an ex-spouse receive of a decedent's Social Security retirement?

Spouses and ex-spouses

Payments start at 71.5% of your spouse's benefit and increase the longer you wait to apply. For example, you might get: Over 75% at age 61. Over 80% at age 63.

How much Social Security will an ex-spouse get?

A divorced spouse can receive up to 50% of their ex-spouse's full Social Security retirement benefit, provided the marriage lasted at least 10 years, they are unmarried, and they are at least 62, with the full 50% only available if they claim at their own Full Retirement Age (FRA); claiming earlier (as early as 62) results in a permanently reduced benefit, starting at around 32.5%. The benefit doesn't affect the ex-spouse's own payment and is paid on top of any benefit the divorced spouse earns on their own record, up to a combined total. 

How do I know if my ex is claiming my Social Security benefits?

SSA will not disclose if your ex spouse is receiving benefits unless they are receiving in on your record. You can call and ask if anyone is drawing off your ssn.

Can an ex-spouse go after your Social Security?

If you are divorced and your marriage lasted at least 10 years, you may be able to get benefits on your former spouse's record and your former spouse may be able to get benefits on your record.

Can a woman draw off her ex-husband's Social Security?

Yes, a divorced wife can get her ex-husband's Social Security benefits if their marriage lasted at least 10 years, she is unmarried, is at least 62, and her ex-spouse is eligible for benefits, with payments not reducing the ex-spouse's or their current spouse's benefits. Benefits are paid on the ex-spouse's record, up to half their benefit, and the ex-spouse's remarriage doesn't affect eligibility.

When can I start collecting my ex-husband's Social Security?

You can start collecting benefits on your ex-husband's Social Security record as early as age 62, provided your marriage lasted at least 10 years, you are unmarried, and he is eligible for benefits. To get the maximum benefit (up to 50% of his full retirement amount), you should wait until your own full retirement age (FRA); claiming early at 62 results in a permanently reduced amount, similar to claiming your own benefit early. 

Can a divorced woman get part of her ex-husband's Social Security?

A divorced woman's Social Security benefit can be based on her ex-husband's earnings alone, her deceased husband's or deceased ex-husband's earnings alone, her own earnings alone, or a combination of earnings.

What paperwork do I need to collect my ex-husband's Social Security?

W-2 forms(s) and/or self-employment tax returns for last year. Final divorce decree, if applying as a divorced spouse; and. Marriage certificate.

Can a divorced woman collect her ex-husband's pension?

Remember that your former spouse's retirement accounts are also marital assets if they earned them during the marriage. So, if they have an Individual Retirement Account (IRA), 401(k), or pension plan of their own, you have a right to claim a part of their retirement plan in your divorce.

How much does an ex-spouse get Social Security benefits?

A divorced spouse can receive up to 50% of their ex-spouse's full Social Security retirement benefit, provided the marriage lasted at least 10 years, they are unmarried, and they are at least 62, with the full 50% only available if they claim at their own Full Retirement Age (FRA); claiming earlier (as early as 62) results in a permanently reduced benefit, starting at around 32.5%. The benefit doesn't affect the ex-spouse's own payment and is paid on top of any benefit the divorced spouse earns on their own record, up to a combined total.