How do I get my ex spouse's Social Security benefits?

Asked by: Dr. Jacey Dickinson V  |  Last update: June 30, 2026
Score: 4.2/5 (5 votes)

To get your ex-spouse's Social Security benefits, you must be at least 62, unmarried, and have been married for 10+ years; you'll apply through the SSA website, by phone (800-772-1213), or in person, providing marriage/divorce documents, your SSN, and potentially your ex's, with benefits being the higher of your own or your ex's amount, without affecting their payments.

How do I claim my ex husband's Social Security?

To claim Social Security benefits on an ex-spouse's record, the marriage must have lasted at least 10 years, and the divorce must be final. You must be unmarried and at least 62 years old. The ex-spouse must be receiving benefits or eligible to receive them.

What is the Social Security spousal benefits loophole?

The Social Security spousal benefits loophole, primarily the "File and Suspend" and "Restricted Application" strategies, allowed a higher-earning spouse to delay their own benefits (earning delayed retirement credits) while the lower-earning spouse collected a spousal benefit based on the higher earner's record; however, a 2015 law closed these loopholes for most new applicants, meaning if one spouse claims spousal benefits, their own benefits are also considered claimed, and benefits can't be suspended to let spousal benefits accrue. A separate, less-known exception allows a spouse caring for a disabled adult child (under 22) to receive benefits even if they haven't reached retirement age, as noted by Special Needs Answers.

How do I qualify for spousal benefits?

To qualify for Social Security spousal benefits, you must generally be at least 62 (or any age if caring for a young/disabled child), married for at least one year, and your spouse must already be collecting their own retirement or disability benefits; divorced spouses have slightly different rules, needing a 10-year marriage and no remarriage before age 60 (or 50 if disabled). You'll receive the higher of your own benefit or the spousal benefit (up to 50% of the worker's full benefit), and claiming early (before full retirement age) may reduce the amount. 

How much does a divorced spouse get from Social Security?

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 Divorced Social Security Spousal Benefits Work

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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%.

What is the new spousal rule for Social Security?

The "new" Social Security spousal rule is actually the end of a strategic loophole from 2016, making it impossible for most people to "file and suspend" or "restricted application" to get spousal benefits while delaying their own higher retirement benefit; instead, deemed filing means you apply for both at once and get the higher amount, but you can't earn delayed credits on your own benefit while collecting spousal benefits. A separate 2025 law (SSFA) also eliminated the Government Pension Offset (GPO) for many public servants, preventing their spouse's or survivor's benefits from being reduced by their non-covered government pension.

How to find out ex spouse Social Security benefit?

Additionally, if you were married for at least 10 years and haven't remarried, you may be eligible for benefits based on your ex-spouse's earnings. In this case, you can contact the Social Security Administration to request an estimate of these potential benefits.

Why would spousal benefits be denied?

People are only eligible for a spousal benefit when their own benefit is less than half of their retired spouse's benefit, or when they seek to delay their own application for Social Security benefits based on their own work record.

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

You must be unmarried. You must be at least 62 years old. You and your ex-spouse must have been married for a minimum of 10 consecutive years and divorced for at least two. (Note: You can file for divorced spousal benefits within the two-year period if your ex-spouse has already begun receiving their benefit.)

Can a divorced woman get 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 loophole for Social Security spousal benefits?

The Social Security spousal benefits loophole, primarily the "File and Suspend" and "Restricted Application" strategies, allowed a higher-earning spouse to delay their own benefits (earning delayed retirement credits) while the lower-earning spouse collected a spousal benefit based on the higher earner's record; however, a 2015 law closed these loopholes for most new applicants, meaning if one spouse claims spousal benefits, their own benefits are also considered claimed, and benefits can't be suspended to let spousal benefits accrue. A separate, less-known exception allows a spouse caring for a disabled adult child (under 22) to receive benefits even if they haven't reached retirement age, as noted by Special Needs Answers.

What are the requirements to claim spousal Social Security?

To qualify for Social Security spousal benefits, you must be at least 62 years old, and your spouse must already be receiving their own Social Security benefit. If you are the higher earner, your spouse may be eligible to receive a spousal benefit based on your work record.

How long does a woman have to be married to get her husband's Social Security?

Qualifying spouse beneficiaries must be married to the retiring spouse for at least one continuous year prior to applying for benefits, with certain exceptions. Yes, up to 50 percent of spouse's PIA if spouse is still living.

Can I claim my ex-husband's Social Security if I remarry?

Generally, if you remarry, you stop receiving divorced spouse Social Security benefits on your ex-husband's record, but there are exceptions, such as if your new marriage ends, or if you remarry your same ex-spouse under specific rules, or if you're receiving survivor benefits on a deceased ex's record (and meet age/disability requirements). Your own benefits based on your work record are not affected by remarriage, only benefits based on an ex-spouse's record.

Can you claim your ex-husband's Social Security if he is still 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 much of my ex-husband's Social Security 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 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.

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.

What is the $1000 a month rule for retirement?

The $1,000 a month rule is a retirement guideline suggesting you need about $240,000 saved for every $1,000 per month in desired income, based on a 5% annual withdrawal rate (5% of $240k is $12k/year, or $1k/month). It's a simple way to set savings goals, but it doesn't account for inflation, taxes, or other income like Social Security, so it's best used as a starting point, not a complete plan.