Can I collect Social Security from my divorced spouse?
Asked by: Bridget DuBuque | Last update: March 15, 2026Score: 4.1/5 (56 votes)
Yes, you can collect Social Security from a divorced spouse if your marriage lasted at least 10 years, you are currently unmarried (unless you're caring for their child or they're deceased), and your ex qualifies for retirement/disability, with benefits up to 50% of their full amount, often better than your own if you earned less. You can apply even if your ex hasn't filed, as long as they're eligible, and your own benefit is lower.
What are the rules for drawing Social Security from ex spouse?
You can get Social Security benefits as a divorced spouse if your marriage lasted 10+ years, you're unmarried, at least 62, and your ex-spouse is entitled to retirement/disability benefits, with your benefit on their record being higher than your own. The two-year divorce rule applies if your ex hasn't filed yet, but you can apply sooner if they have. Benefits can start at 62 but are reduced; waiting until your full retirement age (FRA) gets you up to 50% of their benefit, while claiming at 62 yields around 32.5%.
What is the 10 year marriage rule for Social Security?
The Social Security "10-year marriage rule" allows a divorced spouse to claim benefits on their ex-spouse's record if the marriage lasted at least 10 years, the ex-spouse is entitled to retirement or disability benefits, the claimant is at least 62, is unmarried (unless remarried after age 60), and their own benefit isn't higher than the ex-spouse's spousal benefit, without affecting the ex-spouse's benefits. This rule applies specifically to divorced individuals, not currently married couples, and provides access to benefits for those who may have earned less or not worked outside the home during the marriage, often allowing them to receive up to 50% of the ex-spouse's benefit.
Is a divorced wife entitled to her 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 currently unmarried, is at least 62, and the benefit on his record is higher than her own, with claiming rules similar to current spouses but allowing benefits even if he hasn't applied (if divorced for 2 years). These benefits don't affect his or his current spouse's payments and clauses in divorce decrees giving up these rights are invalid.
Can I take my husband's Social Security instead of mine?
Yes, you can take a spousal Social Security benefit on your husband's record instead of your own, or get a combination, but you generally receive the higher of the two amounts; you'll get up to 50% of his full benefit if you wait until your full retirement age (FRA), but it's reduced if claimed earlier (as early as 62), and your husband must already be receiving his benefits for you to claim spousal benefits. You can't receive both benefits in full, but the SSA pays your own benefit first, then supplements it to reach the higher spousal amount if applicable.
How Divorced Social Security Spousal Benefits Work
Can I collect my ex-husband's Social Security and then switch to mine?
Can I collect first based on my ex-spouse's record and then on my own later? A person born before January 2, 1954, may still collect on an ex-spouse's record first while allowing their own benefits to grow and then taking their own benefits at age 70.
What is the loophole for Social Security spousal benefits?
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 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 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.
What are the rules for collecting your spouse's Social Security?
To collect your spouse's Social Security, you generally must be at least 62 (or any age caring for a child under 16/disabled), married at least one year, and your spouse must be receiving their own benefits; you'll get the higher of your own benefit or up to 50% of your spouse's benefit, with reduced amounts for claiming early, but you can't get both or combine them. Divorced spouses have similar rules but must have been married at least 10 years and be unmarried.
Can I collect Social Security from my ex-husband while he's alive?
Yes, you can often draw benefits from your living ex-husband's Social Security if your marriage lasted 10+ years, you're currently unmarried, you're at least 62, and he's eligible for benefits (even if he hasn't claimed yet), but your own benefit must be less than what you'd get from his record, and you can get up to 50% of his full amount by waiting until your own full retirement age, Social Security Administration (SSA).
What is the 10 year spouse rule for Social Security?
The Social Security "10-year rule" allows a divorced spouse to collect benefits on an ex-spouse's record if their marriage lasted at least 10 years, they are unmarried, and they are at least 62 (or 50 if disabled), provided their own benefit is less than the spousal benefit. These benefits don't reduce the ex-spouse's or current spouse's benefits, and clauses in divorce decrees giving up these rights are invalid.
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 percent of my ex-husband's Social Security will I 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.
How can I tell if my ex-wife is drawing off my Social Security?
SSA will not disclose if your ex spouse is receiving benefits unless they are receiving in on your record. You can call and ask if anyone is drawing off your ssn.
Can a divorced woman collect 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 currently unmarried, is at least 62, and the benefit on his record is higher than her own, with claiming rules similar to current spouses but allowing benefits even if he hasn't applied (if divorced for 2 years). These benefits don't affect his or his current spouse's payments and clauses in divorce decrees giving up these rights are invalid.
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.
What are the three ways you can lose your social security benefits?
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.
What is the new Social Security rule?
The earnings limit for people reaching their full retirement age in 2026 will increase to $65,160. (We deduct $1 from benefits for each $3 earned over $65,160 until the month the worker turns full retirement age.) There is no limit on earnings for workers who are full retirement age or older for the entire year.
Do I get less Social Security if I'm divorced?
Divorced spouses are entitled to the greater of their own benefit or the ex-spouse's benefit. 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.
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.
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.
How to get $3000 a month in Social Security?
To get around $3,000 a month in Social Security, you generally need high lifetime earnings, averaging over $9,000 monthly (around $108,000 annually) by your full retirement age (FRA), or you can wait until age 70 to claim, which significantly increases your benefit, potentially achieving $3,000 even with slightly lower earnings due to delayed retirement credits (DRCs). Key strategies involve maximizing your earnings in your highest 35 years, delaying claiming past your FRA (especially to age 70), and potentially working with a spouse to use spousal benefits.
Will I lose my ex husband'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).