Can a divorced husband collect his ex-wife's Social Security?
Asked by: Ms. Lilyan Pfannerstill MD | Last update: May 4, 2026Score: 4.4/5 (34 votes)
Yes, an ex-husband can collect Social Security benefits on an ex-wife's record if their marriage lasted at least 10 years, he is currently unmarried, he is at least 62, and she is eligible for benefits (even if she hasn't filed), with benefits typically up to 50% of her full retirement amount. The process doesn't require the ex-wife's permission and doesn't reduce her benefits or her current spouse's benefits, only paying the higher of his own benefit or the divorced spousal benefit.
Is an ex-wife entitled to Social Security?
Yes, your ex-wife can get Social Security benefits on your record if your marriage lasted at least 10 years, she is unmarried, she is at least 62, and her own benefit is less than what she'd get from your record; these benefits don't reduce your payment, and you won't be notified.
How long do you have to be married to claim your spouse's Social Security?
To collect your spouse's Social Security, you generally must have been married for at least one year, be at least age 62 (or caring for a child under 16/disabled), and your spouse must already be receiving retirement or disability benefits, though exceptions exist for parents or if you were already eligible for benefits. Divorced spouses need to have been married for at least 10 years, and widowed spouses have different rules, often requiring at least 9 months of marriage before death.
Can I stop my ex-wife from getting my Social Security?
No, you generally cannot stop your ex-wife from receiving Social Security benefits on your record if she qualifies, as clauses in divorce decrees trying to prevent this are "worthless and never enforced" by the Social Security Administration (SSA). A divorced spouse who meets the criteria (married at least 10 years, divorced for two, unmarried) can claim benefits on your record without affecting your payment or your current spouse's, and the SSA doesn't need your permission or even your knowledge to process the claim, according to articles from The Medicare Family and Dughi, Hewit & Domalewski.
Can my ex-wife take my Social Security if I remarry?
Yes, your ex-wife can still get divorced spouse Social Security benefits on your record even if you remarry, as long as she meets eligibility requirements (married 10+ years, unmarried herself when applying, and at least 62) and remarried after age 60 (or 50 if disabled); your remarriage doesn't affect her eligibility, but if she remarries before age 60, she generally loses benefits unless that marriage ends.
How Divorced Social Security Spousal Benefits Work
Can two ex-wives collect 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 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.
Is my husband's ex-wife really allowed to draw on his Social Security?
Yes, a divorced wife can get her ex-husband's Social Security benefits if she was married for at least 10 years, is currently unmarried, is at least 62, and her ex-spouse is receiving benefits (or eligible for them), with the benefit being more than she'd get on her own record, and payments won't reduce the ex's or his current spouse's benefits.
How do I know if my ex-wife is collecting my Social Security?
How can I find out if a former spouse is collecting Social Security benefits on my record? You ask the Social Security Administration. It can tell you the name of any “auxiliary beneficiary,” including an ex-husband or ex-wife who is drawing or has drawn benefits on your earnings record.
What is the maximum benefit an ex-spouse can receive?
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.
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.
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.
What form do I need to apply for ex spouse Social Security benefits?
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.
How does Social Security work with ex-wives?
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.
Does an ex-wife get her ex-husband's Social Security when he dies?
Yes, you might get your ex-husband's Social Security survivor benefits if you were married for at least 10 years, are unmarried (or remarried after age 60/50 if disabled), and are age 60+ (or 50+ with a disability). The benefit amount is 100% of what he would have received, and it won't reduce payments to his current spouse; you can choose the higher of your own or his benefit.
Does my ex-husband get my Social Security benefits?
When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care.
Can my ex-wife claim my Social Security if I remarry?
Yes, your ex-wife can still get divorced spouse Social Security benefits on your record even if you remarry, as long as she meets eligibility requirements (married 10+ years, unmarried herself when applying, and at least 62) and remarried after age 60 (or 50 if disabled); your remarriage doesn't affect her eligibility, but if she remarries before age 60, she generally loses benefits unless that marriage ends.
What is the Social Security spousal benefits loophole?
The "Social Security spousal benefits loophole" refers to strategies like "File and Suspend" and "Deemed Filing", which allowed a lower-earning spouse to collect spousal benefits while the higher earner's own benefit grew, maximizing lifetime payments. These loopholes were largely closed by the Bipartisan Budget Act of 2015, effective in 2016, meaning you generally must file for both your own and spousal benefits if eligible, and suspending your own benefit now also suspends spousal benefits on your record.
How to find out ex spouse Social Security benefit?
A representative at your local Social Security office can provide estimates of the benefit you can receive as a divorced spouse, based on your former wife's or husband's earnings record. Call your local office or Social Security's national customer service line (800-772-1213) to make an appointment.
How long do you have to be divorced before you get remarried?
Specifically, you may want to know how long after divorce can you remarry in California. You cannot remarry until your old marriage is legally over. Additionally, you have to wait at least six months before you can remarry.
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?
If a couple has been married for more than 10 years when they are divorced, an individual who reaches retirement age can receive a portion of Social Security benefits based on their ex-spouse's earnings, assuming that individual has not remarried.
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 as a divorced spouse, provided your marriage lasted at least 10 years, you are unmarried, age 62 or older, and haven't remarried (or your new marriage ended). To get the full 50%, you must wait until your own full retirement age (FRA); claiming earlier (as young as 62) reduces the benefit, potentially to around 32.5%. Your benefit is paid first from your own record if it's higher, and the ex-spouse's benefit never affects their own payment.
What is one of the biggest mistakes people make regarding Social Security?
One of the biggest mistakes people make with Social Security is claiming benefits too early, usually at age 62, which results in a permanently reduced monthly payment (potentially up to 30% less) for life, and smaller future cost-of-living adjustments (COLAs). Many overlook that delaying benefits until their Full Retirement Age (FRA) or even age 70 significantly increases payments, offering a guaranteed return (around 8% annually) that can provide much-needed income later in retirement, especially if they live a long life.
Is an ex-wife considered a surviving spouse?
You may be eligible if you're the spouse, ex-spouse, child, or dependent parent of someone who worked and paid Social Security taxes before they died.