Can I Claim Social Security on My Ex-Husband's Record?
If you've ever stopped yourself from looking into this because you assumed your ex-husband would find out, or that it would cost him money, you were working from the wrong information. Millions of divorced women qualify for Social Security on a former spouse's record and never claim it — usually because of a myth, not a rule. Here's what the Social Security Administration actually says.
Quick answer
Yes. If you were married 10 or more years, are currently unmarried, and are at least 62, you can claim Social Security on your ex-husband's record. Per the SSA, this does not reduce his benefit or his current spouse's benefit, and he is not notified. If you've been divorced 2+ years, you can claim even if he hasn't filed for his own benefits yet.
From the author
Watch the 34-second overview
The benefit a divorced woman can claim on her ex-husband's record — and the myth that stops many women from ever claiming it.
- ✓ The benefit you can claim on an ex-husband’s record
- ✓ The 10-year myth that stops many women
- ✓ Captioned · 34 sec · watch right here
Will claiming on your ex-husband's record affect him?
Ask around and you'll hear some version of the same thing: “If I file on his record, he'll find out” or “It'll take money out of his check.” Neither is true. The Social Security Administration is explicit that benefits paid to a divorced spouse do not affect the amount your ex-husband or his current spouse receives — and the agency does not contact him to tell him you've filed.
Verified, word for word, from the SSA
According to SSA FAQ KA-02035, benefits paid to a divorced spouse “will not affect the amount of benefits you or your family may receive.” Your claim comes out of the same trust fund as everyone else's — it isn't subtracted from his.
What are the requirements to claim on an ex-husband's record?
Four conditions decide whether you qualify, and none of them require your ex-husband's involvement:
- The marriage lasted 10 years or longer. SSA counts to the exact date — close doesn't count (more on that in the rules no one explains).
- You're currently unmarried. If you've remarried, you generally can't claim on this ex's record (unless that later marriage also ends).
- You're at least 62. You can claim a reduced amount starting at 62, or wait for a larger one at your full retirement age.
- If you've been divorced fewer than 2 years, your ex has to have already filed for his own benefits. Divorced 2+ years and he simply hasn't filed yet? You can still claim — you don't need to wait on him.
How much could you actually get?
At your full retirement age, a divorced-spouse benefit can pay up to 50% of your ex-husband's full retirement benefit (his “primary insurance amount”) — less if you claim before your full retirement age. If your own retirement benefit would be higher than that, SSA pays you the higher of the two, not both stacked together.
| Age you start | Share of ex’s benefit | Example: $2,400 benefit |
|---|---|---|
| 62 (earliest) | ~32.5% | ~$780/mo |
| 64 | ~37.5% | ~$900/mo |
| 66 | ~45.8% | ~$1,100/mo |
| Full retirement age (67)Max | 50% | $1,200/mo |
So if your ex-husband’s full benefit is $2,400 a month, a divorced-spouse benefit could pay up to $1,200 if you wait until your full retirement age — or roughly $780 if you claim at 62. Two things to remember: the benefit is based on his record, not yours, so his own delayed-retirement decisions don’t raise it; and a divorced-spouse benefit never earns delayed credits, so there’s no reason to wait past your full retirement age to start it.
How does deemed filing affect divorced-spouse benefits?
Here's where it gets complicated, and where generalist retirement books tend to gloss over the details. If you were born on or after January 2, 1954, a 2015 law called deemed filing means you can't choose to take just the divorced-spouse benefit and let your own retirement benefit keep growing. When you file, SSA automatically evaluates both and pays you the higher one. The old strategy of filing a restricted application for spousal benefits only, then switching to a larger benefit later, is no longer available to almost anyone filing today.
One exception worth knowing
Survivor benefits — the kind you'd claim if your ex-husband has died — are exempt from deemed filing. That opens up a switching strategy divorced-spouse benefits don't allow. See how survivor sequencing works.
Social Security is one line in a much longer bill, and it's the line a divorce doesn't decide. What the divorce does decide — the house, the retirement accounts, support, and the health coverage that ends the day the decree is signed — is worked through in what happens to the money in a gray divorce. And if the finances themselves are the part that won’t come into focus, start with is my husband hiding money in the divorce?
Divorced-spouse rules are the ones the SSA explains worst. Our comparison of the Social Security books written for women sorts the ones that handle ex-spouse claiming properly from the ones that give it a paragraph.
How do you apply on an ex-spouse’s record?
You can apply online at ssa.gov, by phone at 1-800-772-1213, or at your local office. You do not need to contact your ex-husband, and he is never notified. If he hasn’t filed for his own benefits yet, you can still claim as long as you’ve been divorced at least two years. Have your marriage certificate and divorce decree ready to prove the marriage lasted 10 years.
What if your ex-husband has passed away?
If your ex-husband has died and you were married 10+ years, you're not limited to the divorced-spouse rules above — you step into the more generous survivor rules, the same ones available to widows. That includes eligibility as early as age 60, and a benefit amount up to the full amount he was receiving, not capped at 50%. Here's what changes.
You may be interested in…
Claim in the right order
Don't leave benefits on the table
The Social Security office won't map your best claiming order for you. Social Security for Widows & Divorced Women lays out the divorced-spouse rules in plain English — including how to claim on an ex's record without cutting his check or notifying him — plus five fill-in worksheets.
Get the playbook →Good to know
Common questions
Will claiming Social Security on my ex-husband's record reduce his benefit?
No. The Social Security Administration is explicit that benefits paid to a divorced spouse do not reduce the amount your ex-husband or his current spouse receives. Your benefit comes from the same trust fund as every other beneficiary's — it isn't subtracted from his check.
Will my ex-husband be told if I file for benefits on his record?
No, the SSA does not notify your ex-husband when you file for divorced-spouse benefits. He generally won't know unless you tell him.
Do I need my ex-husband's permission, or does he need to have filed first?
Neither, in most cases. You don't need his permission. And if you've been divorced for 2 years or more, you can claim even if he hasn't filed for his own retirement benefits yet.
How much Social Security can I get from my ex-husband's record?
Up to 50% of his full retirement benefit (his primary insurance amount) if you claim at your own full retirement age — less if you claim earlier. If your own retirement benefit would pay more than that, SSA pays you the higher of the two, not both added together.
How do I apply for divorced-spouse Social Security benefits?
You can apply online at ssa.gov, by phone at 1-800-772-1213, or at a local office. You don't need your ex-husband's involvement and he isn't notified. Bring your marriage certificate and divorce decree to prove the marriage lasted at least 10 years; if he hasn't filed yet, you must have been divorced for at least two years.
Which benefit, when — get the free decision kit
Widowed or divorced, you may have more than one Social Security benefit you could claim — and the order you claim them in can be worth tens of thousands of dollars. Tell us where to send it and we'll email you the free Survivor Benefit Decision Kit: the which-benefit-when flowchart for both paths, the exact questions to ask Social Security, and the claim-one-then-switch sequencing — walked through the way SSA's own rules work.
- What to gather
- What to update
- What to share with family
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