What are the requirements to draw your ex-husband's Social Security?

Asked by: Malinda Kilback  |  Last update: August 19, 2025
Score: 4.4/5 (68 votes)

If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more.

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

Gather Necessary Documents: Collect the following documents: - Your ex-husband's death certificate. - Your marriage certificate and divorce decree. - Your Social Security number and proof of your age (eg, birth certificate). - Your ex-husband's Social Security number (if available).

What percentage of my ex-husband's Social Security will I get?

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.

What is an ex-wife entitled to when her ex-husband 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%.

Can a divorced woman collect 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.

How Much Social Security Can I Draw Off My Ex-Spouse

28 related questions found

At what age can I collect my ex-husband's Social Security disability?

If you have a disability and are a surviving divorced spouse, you must meet the conditions below to qualify for benefits: Be at least age 50 but under 60. Were married to your ex-spouse at least 10 years. Have evidence of a finalized divorce.

What is the 10 year rule for Social Security?

If you've worked and paid taxes into the Social Security system for at least 10 years and have earned a minimum of 40 work credits, you can collect your own benefits as early as age 62.

When your ex-husband dies, do you get his Social Security?

A surviving spouse, surviving divorced spouse, unmarried child, or dependent parent may be eligible for monthly survivor benefits based on the deceased worker's earnings. In addition, a one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements.

Can I stop my ex-wife from getting my Social Security?

This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.

Am I entitled to my husband's Social Security if I get divorced?

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).

What are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • No. 1: Keep working while taking benefits early. ...
  • No. 2: Be a substantially lower-earning spouse. ...
  • No. 3: Be alive in 2034. ...
  • Social Security still provides an important foundation for retirement.

How do I get the $16728 Social Security bonus?

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

Which wife gets the Social Security?

Social Security covers both spouses, regardless of whether one or both brought home a paycheck over the years. A married person may collect benefits based on their own earnings or receive a maximum of 50% of their spouse's Social Security benefits, whichever is greater.

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

If you are age 62 or older and were married to your ex for at least 10 years, you may be able to collect monthly payments equivalent to about one-third to one-half of your former spouse's Social Security benefit, as calculated from their lifetime earnings history.

What is the loophole for Social Security spousal benefits?

The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.

When can I collect my ex-husband's pension?

Laws Surrounding Pensions and Divorce

To gain access to a percentage of your pension, your spouse would have to specifically ask for their share at the time of the divorce – not at the time of your retirement. This is done via a court order called a qualified domestic relations order (QDRO).

What is the maximum Social Security payment?

Your maximum benefit if you file at age 62 – the youngest possible age – is $2,710 per month. Your maximum benefit if you file at full retirement age – between 66 and 67 – is $3,822 per month. Your maximum benefit if you file at age 70 – the age when extra benefits stop accruing – is $4,873 per month.

When a husband dies, does his wife get his Social Security?

Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.

Is an ex-wife entitled to anything when an ex-husband dies?

If the ex-spouse passed away without leaving a valid will, the distribution of their assets is governed by the state's intestacy laws. In most states, a divorced spouse is not considered an heir under intestacy laws and is not entitled to any of their ex's property.

What not to do when someone dies?

What Not to Do When Someone Dies: 10 Common Mistakes
  1. Not Obtaining Multiple Copies of the Death Certificate.
  2. 2- Delaying Notification of Death.
  3. 3- Not Knowing About a Preplan for Funeral Expenses.
  4. 4- Not Understanding the Crucial Role a Funeral Director Plays.
  5. 5- Letting Others Pressure You Into Bad Decisions.

What documents do I need to apply for my deceased husband's Social Security?

Documents you may need to provide
  1. Proof of the worker's death;
  2. Birth certificate or other proof of birth;
  3. Proof of U.S. citizenship or lawful alien status if you were not born in the United States [More Info];
  4. U.S. military discharge paper(s) if you had military service before 1968;

What is the one-time payment for Social Security?

The American Recovery and Reinvestment Act provides for a one-time payment of $250 to Social Security and Supplemental Security Income, or (SSI) beneficiaries, as well as those who receive Railroad Retirement and Veterans benefits. You probably have questions about the one-time payment.

Does a second wife get Social Security from her husband?

If you've been married multiple times, your current and former spouses could be eligible for Social Security benefits based on your earnings record, subject to certain requirements.

What is the $16728 Social Security benefit?

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

What is the $1000 a month rule for retirement?

The $1,000 per month rule is designed to help you estimate the amount of savings required to generate a steady monthly income during retirement. According to this rule, for every $240,000 you save, you can withdraw $1,000 per month if you stick to a 5% annual withdrawal rate.