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

Asked by: Misty Baumbach  |  Last update: September 9, 2026
Score: 4.6/5 (8 votes)

Yes, a divorced woman can often collect Social Security benefits on an ex-husband's record if their marriage lasted at least 10 years, she's unmarried, at least 62, and divorced for two continuous years; she'll get up to half his benefit (or her own, whichever is higher) and it doesn't reduce his or his current spouse's benefits.

What percent of Social Security does a divorced spouse get?

You can receive up to 50% of your ex-husband's full Social Security benefit, but the actual percentage depends on when you start claiming; claiming early (as young as age 62) permanently reduces the amount to as low as 32.5% of his benefit, while waiting until your own Full Retirement Age (FRA) grants the full 50%. Your own work record benefit is always paid first, with an extra amount added from your ex's record if it's higher, and this doesn't affect his benefits or his current spouse's.

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.

Can I take my ex-husband's Social Security instead of mine?

You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.

How much of my ex-husband's Social Security will I get when he dies?

Social Security rules allow a qualifying former spouse to claim benefits based on the work history of a higher-earning ex. These benefits are worth up to 50% of that former spouse's Social Security benefit at full retirement age. However, if that former spouse dies, the benefit's value is worth up to 100%.

How Divorced Social Security Spousal Benefits Work

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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.

What is the 5 year remarry rule?

Ideally, an individual who obtained a green card through marriage should wait at least 5 years before getting remarried to a foreign national.

What disqualifies you from Social Security retirement?

Not all U.S. workers qualify for Social Security retirement benefits. You can't collect Social Security in retirement if you haven't worked enough to accrue 40 credits, which takes approximately 10 years. Certain types of government workers may not be eligible, including some railroad employees.

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.

What is an ex-wife entitled to after divorce?

In California, a wife is entitled to various assets during a divorce, including community property, spousal support, and potential child support if applicable.

Does my ex-wife still get half of my retirement if she remarries?

If you remarry after age 60 you can still receive survivor benefits based on your former spouse's record. But if your new spouse is also collecting Social Security benefits, and you would receive a higher amount based on the new spouse's work record, you will receive the higher amount.

What happens when you get divorced after 10 years?

But after being married 10 years, divorce is more difficult because it's more likely you and your spouse commingled many or all of your assets and liabilities. At the 10-year mark, you most likely have joint marital property like joint checking and savings accounts, or joint credit cards.

What is the 7 year rule of marriage?

The seven-year itch is a popular belief, sometimes asserted to have statistical validity, that happiness in a marriage or long-term romantic relationship declines after around seven years.

Does a divorced woman get her ex-husband's Social Security?

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.

Can you pull Social Security from your ex-husband?

Social Security benefits for a divorced spouse are calculated based on the ex-spouse's earnings record or their own earnings record, depending on which one is higher. You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA).

How much of my ex-husband's SS will I get?

You can get up to 50% of your ex-husband's full retirement benefit as a divorced spouse if you wait until your own Full Retirement Age (FRA) to claim, but you can start as early as age 62 for a reduced amount (around 32.5% if you claim at 62). The benefit is based on his work record and won't affect his benefit or his new spouse's, and you'll get a higher amount (up to 100%) if he passes away. 

What is a divorced woman entitled to?

After divorce, a woman is generally entitled to a fair share of marital assets (house, savings, retirement) and debts, potential spousal support (alimony) to meet needs or maintain lifestyle, and rights concerning child custody, visitation, and support if children are involved, with specifics depending on state law and individual circumstances like income, length of marriage, and financial needs, aiming for an equitable financial start for both parties. 

What money can't be touched in a divorce?

Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
 

How do I apply for my ex-husband's Social Security?

Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.