When can my ex-spouse collect half of my Social Security?

Asked by: Nellie Klein  |  Last update: October 12, 2026
Score: 4.3/5 (17 votes)

Your ex-spouse can collect half your Social Security (up to 50% of your Full Retirement Age benefit) if your marriage lasted 10+ years, they're unmarried, age 62+, you're receiving benefits, and your divorce was 2+ years ago (unless you're already collecting). They'll get the higher amount of their own benefit or the spousal benefit, and you won't receive less; it's based on your record, not a subtraction from yours.

How to get 50% of spouse'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.

When can I start taking 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 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 new Social Security spousal rule?

The "new" Social Security spousal rule that effectively ended in 2024 was the ability for someone to "file and suspend" or use a "restricted application," letting the lower earner claim spousal benefits while the higher earner delayed their own benefit to earn more, a strategy now gone for most, with the major change being the elimination of the WEP/GPO for government workers by the 2025 Fairness Act, meaning their spouse's benefits are no longer cut by those rules. Key ongoing rules are that spousal benefits (up to 50% of the primary earner's) are paid only if higher than your own, and you get the higher of the two, not both.

When Can My Spouse Collect Half Of My Social Security? - CountyOffice.org

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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. 

Can I retire at 62 and claim my ex-husband's Social Security?

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.

Who gets my Social Security, my wife or ex-wife?

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.

What is the 50% rule for Social Security?

The "Social Security 50% Rule" refers to the maximum spousal benefit, where a spouse can receive up to 50% of the primary earner's full Social Security retirement benefit, but only if they wait until their own Full Retirement Age (FRA) (FRA) to claim, otherwise it's reduced, with a potential future reduction in the percentage to 33% by 2042 under current proposals. This spousal benefit is paid if it's higher than the spouse's own earned benefit, and claiming early for the primary earner doesn't reduce the potential 50% spousal benefit amount if the spouse waits until their FRA.

How long do I have to be married to my husband to get his Social Security when he dies?

Were married for at least 9 months before your spouse's death, and. Didn't remarry before age 60 (age 50 if you have a disability).

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.

Can a divorced man get his ex-wife's 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. For more information go to the Benefits For Your Divorced Spouse page.

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.

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.

How much will my ex-wife get from my 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 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.

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.

Why do I only get half of my ex-husband's Social Security?

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.

At what age 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. 

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

The SSA recommends gathering the following documents before you apply:

  1. Your birth certificate or other proof of birth;
  2. Proof of U.S. citizenship or lawful alien status;
  3. S. ...
  4. W-2 forms(s) and/or self-employment tax returns for last year;
  5. Final divorce decree;
  6. Marriage certificate;
  7. Former Spouse's parents' names;

What is the maximum spousal Social Security payment?

The Social Security Administration (SSA) compares your retirement benefit at your FRA to the maximum spousal benefit off your spouse. The maximum spousal benefit is 50% of your spouse's retirement benefit at their FRA.

How does divorce affect Social Security benefits?

If you're getting Social Security retirement benefits, some members of your family may also qualify to receive benefits on your record. If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount.