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

Asked by: Dr. Alford McCullough  |  Last update: June 3, 2026
Score: 4.4/5 (31 votes)

Yes, a woman can receive Social Security benefits based on her ex-husband's record if the marriage lasted at least 10 years, she is currently unmarried, and is age 62 or older. She can receive up to 50% of his full retirement benefit without affecting his payment. The ex-husband must be at least age 62, though he does not need to have applied for benefits for her to claim.

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 a wife draw on her husband's Social Security?

The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.

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.

Can I collect on my ex-husband's Social Security if I am disabled?

Yes, you might be able to collect Social Security benefits on your ex-husband's record if you were married for at least 10 years, are currently unmarried (unless you remarried after 50 or to the same person under specific rules), and meet other requirements, but it's usually spousal/survivor benefits, not SSDI directly, and depends on your age and his benefit status. You can't get his SSDI, but you might get up to half of his retirement benefit if he's receiving it, or a higher survivor benefit if he dies, provided you meet the criteria, and it's more than your own. 

Social Security Spousal Benefits Made Easy: 5 Things You Need to Know

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How much Social Security will I get from my ex-husband?

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 the loophole for Social Security disability spousal benefits?

What you may not realize is that your spouse may also be able to receive Social Security benefits. In fact, they don't even have to have reached retirement age to qualify for these benefits. They may be eligible, through this loophole, if they are serving as a caregiver at home for your child with disabilities.

How soon can I collect on 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. 

What is the new law for Social Security spousal benefits?

The biggest recent change is the Social Security Fairness Act (SSFA) of 2023, effective January 2024, which eliminated the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), meaning your spouse's or survivor's benefits won't be reduced by your non-Social Security government pension anymore, making it much fairer. Also, the "file and suspend" strategy for spousal benefits ended for most, but the core rules remain: you get the higher of your own or your spousal benefit (up to 50% of your partner's), and you can generally switch from spousal to your own higher retirement benefit at full retirement age. 

Can I claim my ex-husband's pension if he dies?

Pensions don't automatically 'sort themselves out' when someone divorces or dies. It's possible that a spouse or another beneficiary might benefit. But the amount claimed depends on the type of pension, the age of the deceased and their beneficiaries.

Can two ex-wives collect ex-husband's Social Security?

And it is possible for multiple ex-spouses of a marriage to the same person to qualify for benefits from those unions, if each marriage lasted at least 10 years. But each ex-spouse can only qualify for one benefit payment – either their own earned SS benefit, or their benefit as an ex-spouse.

Can a divorced woman collect 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 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 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.

Can I get my ex-husband's Social Security if he's alive?

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

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.

How do I find out how much my ex-husband's Social Security benefits are?

How can a divorced person find out their ex-spouse's benefit at full retirement age? A Social Security representative can provide estimates of the benefit you may receive as a divorced spouse, based on your ex-spouse's earnings record.

When can I apply for ex-spouse Social Security benefits?

You were married to that spouse for 10 years or more and have been divorced for at least 2 years (only applies if that spouse isn't claiming yet). You're at least 62 years old. You're currently unmarried. Your ex-spouse is eligible for Social Security retirement or disability benefits.

How do you get the $16728 Social Security bonus?

Essential Requirements: How do I qualify for the $16728 Social Security bonus? To qualify for this bonus, you must meet specific criteria: Age Requirements: You must be between your full retirement age and 70 years old. Full retirement age varies by birth year – typically 66-67 for current retirees.

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 wife collect 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.