Can an ex-spouse collect my Social Security if they remarry?
Asked by: Wilma Herman | Last update: February 18, 2026Score: 4.3/5 (38 votes)
Yes, your ex-spouse can still collect Social Security benefits on your record even if they remarry, provided they meet eligibility rules for divorced spouses (married 10+ years, you're retired/eligible, they're 62+, and their own benefit is less than yours). Remarriage generally stops benefits for current spouses, but not for divorced spouses claiming on an ex-spouse's record, and it won't reduce your benefit or your new spouse's.
When can an ex-spouse collect Social Security?
You can start collecting your ex-husband's Social Security benefits as early as age 62, but you must meet criteria: the marriage lasted 10+ years, you're currently unmarried, your ex is eligible for benefits (even if not collecting), and your own benefit on your record is less than what you'd get from his record. Waiting until your own Full Retirement Age (FRA) gives you up to 50% of his FRA benefit, while claiming at 62 results in a permanently reduced amount.
Can I get my ex-spouse's Social Security if I remarry?
Generally, remarrying stops your eligibility for your ex-husband's Social Security benefits on his record, but you may regain eligibility if that new marriage ends, or if you remarried the same ex-husband under specific conditions, or if your new spouse receives certain benefits. If you're collecting benefits on his record and remarry, those payments usually stop, and you'll need to report the change to the Social Security Administration (SSA).
What is the 10 year rule for Social Security?
The Social Security 10-year rule primarily refers to the requirement for divorced spouses to qualify for benefits on an ex-partner's record: the marriage must have lasted at least 10 years, you must be unmarried, and you must meet age/disability requirements (e.g., age 62+, or age 50+ with disability). A second "10-year rule" means you generally need 40 work credits (about 10 years of full-time work) to be fully insured for your own Social Security retirement benefits.
Can I stop my ex-wife from getting my Social Security after?
In your divorce agreement you may have given up the right to his retirement account from his work, but you can never give up the right to draw Social Security. Remember, drawing a Spousal benefit won't reduce the amount your ex spouse can get! It doesn't hurt your ex or his current spouse at all.
Can I Remarry on Social Security?
What percent of Social Security does a divorced spouse get?
You can receive up to 50% of your ex-husband's full Social Security retirement benefit, but this amount decreases if you claim it before your own full retirement age (FRA), potentially as low as 32.5% if claimed at age 62. To get the full 50%, you must wait until your FRA, and your marriage must have lasted at least 10 years. Your benefit is based on his full benefit amount, not reduced by any delayed credits he earns, and it doesn't affect his payment.
What is the Social Security spousal benefits loophole?
The "Social Security spousal benefits loophole" refers to strategies like "file and suspend" and restricted applications, largely closed by the 2015 Bipartisan Budget Act, which once allowed a higher-earning spouse to collect spousal benefits on their partner's record while delaying their own larger retirement benefit to earn delayed retirement credits. While the main loopholes are gone for most, a current, lesser-known one exists for a caregiver spouse of a disabled adult child, allowing them to claim benefits early, and divorcing spouses can still benefit from the primary earner suspending their benefits, notes this article from NerdWallet, this article from the White Coat Investor, this article from Capital One and this article from Special Needs Answers.
Can I collect my ex-husband's Social Security and my own?
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 are three ways you can lose your Social Security?
You can lose Social Security benefits by being incarcerated, exceeding earning limits while working before full retirement age (causing benefits to be temporarily withheld), or if you're on disability and your medical condition improves or you return to work above a certain income level. Other reasons include failing to report income, changes in marital status (like remarriage on a spouse's record), and having benefits garnished for federal debts, taxes, child support, or alimony.
How long does a wife have to be married to collect her husband's Social Security?
What are the marriage requirements to receive Social Security spouse's benefits? Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.
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 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.
Will I lose my ex-husband's pension if I remarry?
Current Marital Status: The ex-spouse must be unmarried at the time they apply for ex-spousal benefits. If they remarry, they generally lose the right to collect on the prior spouse's record, unless the new marriage ends (by divorce, annulment, or death).
Can I draw my ex-husband's Social Security if I am remarried?
Generally, remarrying stops your eligibility for your ex-husband's Social Security benefits on his record, but you may regain eligibility if that new marriage ends, or if you remarried the same ex-husband under specific conditions, or if your new spouse receives certain benefits. If you're collecting benefits on his record and remarry, those payments usually stop, and you'll need to report the change to the Social Security Administration (SSA).
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.
Can I lose my Social Security benefits in a divorce?
No, you don't. Nor do you need your ex's permission. They will never know whether your retirement benefit was based on their work record. So long as you've met the other rules, it's your benefit for your retirement, even if you've been divorced for more years than you were married.
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 (at age 62), locking in a permanently smaller monthly check, rather than waiting until their Full Retirement Age (FRA) or even age 70 to receive significantly higher payments and larger cost-of-living adjustments (COLAs) over their lifetime. This decision permanently reduces benefits by up to 30% and forfeits substantial annual increases, creating a lasting financial shortfall.
How do I get my $16728 Social Security bonus?
The $16,728 represents the maximum annual increase in Social Security benefits achievable through delayed retirement credits when you wait until age 70 to claim benefits.
What triggers a Social Security review?
A CDR is a periodic evaluation by the SSA to determine if SSDI or SSI recipients still qualify for disability benefits. How often reviews are conducted is based on the likelihood of your condition improving and potential triggers such as increased earnings, documented recovery, or failure to comply with treatment.
Does remarriage affect divorced spouse benefits?
If you receive a benefit off your ex-spouse, it will not reduce their retirement benefit. And if your ex-spouse has remarried, both you and the new spouse may be eligible for spousal and survivor benefits. Benefits paid to you (the ex-spouse) will not affect the benefits of their new spouse.
Can I stop my ex-wife from getting my Social Security benefits?
No, you generally cannot stop your ex-wife from receiving Social Security benefits on your record if you were married for at least 10 years and she meets the criteria, as divorce decree clauses preventing this are usually unenforceable by the Social Security Administration (SSA). Her benefits, if she qualifies, do not reduce your own payments, nor do they affect any benefits for your current spouse.
What percentage of Social Security can a divorced spouse collect?
You can receive up to 50% of your ex-husband's full Social Security retirement benefit, but this amount decreases if you claim it before your own full retirement age (FRA), potentially as low as 32.5% if claimed at age 62. To get the full 50%, you must wait until your FRA, and your marriage must have lasted at least 10 years. Your benefit is based on his full benefit amount, not reduced by any delayed credits he earns, and it doesn't affect his payment.
Who qualifies for an extra $144 added to their Social Security?
You qualify for an extra amount added to your Social Security check, often called the Medicare Part B Giveback Benefit, if you enroll in a specific Medicare Advantage (Part C) plan that offers it, live in its service area, and are responsible for paying your own Part B premiums. This benefit reduces your Part B premium, and the amount saved is credited back to your Social Security check, essentially adding money back to your payment, with amounts varying by plan and location.
What is the highest Social Security check anyone can get?
The maximum Social Security benefit varies by year and your claiming age, but for 2026, it's approximately $5,181 monthly if you retire at age 70, $4,152 at full retirement age, and $2,969 at age 62, requiring 35 years of maximum taxable earnings. To get the highest amount, you must have consistently earned the maximum taxable income for at least 35 years and delayed claiming benefits until age 70.
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.