Written by Hazel Secco, CFP®, CDFA®
Most divorced women have no idea this benefit exists. If your marriage lasted at least 10 years, you may be able to claim Social Security on your ex-spouse’s earnings record, up to half of what he receives, without reducing his benefit by a single dollar and without him ever being notified.
For women who stepped back from careers during the marriage, or simply earned less throughout it, this is often worth hundreds of dollars a month for life. It is also one of the most commonly missed pieces of a post-divorce retirement plan.
Do you qualify?
- Your marriage lasted at least 10 years
- You are currently unmarried
- You are age 62 or older
- Your ex-spouse is entitled to Social Security benefits
One rule surprises almost everyone: if you have been divorced at least two years, you can claim even if your ex has not filed for his own benefits yet. You are not waiting on his decision.
Two more things worth saying plainly, because they stop women from claiming what they are owed. Claiming does not reduce his benefit. Your benefit is calculated separately and takes nothing from him or his current spouse. He is not notified. The Social Security Administration does not tell your ex-spouse that you filed.
How much you can receive
At your full retirement age, 67 for anyone born in 1960 or later, a divorced spouse benefit is worth up to 50% of your ex-spouse’s full retirement age benefit. Claim earlier, as early as 62, and that amount is permanently reduced.
Social Security pays you the higher of the two amounts, not both. If your own earnings record produces a larger benefit, you receive yours instead.
Survivor benefits: a much bigger number
If your ex-spouse dies, the rules shift in your favor. A divorced survivor benefit can be worth up to 100% of what your ex was receiving, and you can claim as early as age 60 (50 with a qualifying disability), though claiming before your full retirement age reduces it.
Survivor benefits also carry a friendlier remarriage rule: if you remarry at 60 or older, you can still claim on your deceased ex-spouse’s record. This interacts directly with the tax problem we cover in the widow’s penalty, so the two decisions belong in the same conversation.
If you were a teacher, nurse, or public employee, read this
For decades the Government Pension Offset reduced or eliminated Social Security spousal and survivor benefits for people receiving a government pension from work not covered by Social Security. Many divorced teachers, police officers, and public employees were told they would get nothing, so they never applied.
That rule is gone. The Social Security Fairness Act, signed in January 2025, repealed both the Government Pension Offset and the Windfall Elimination Provision, effective back to January 2024. If you were previously denied or discouraged from filing a divorced spouse or survivor benefit because of a public pension, apply now, and you may be owed retroactive money.
The mistakes we see most
Remarrying without doing the math first. Remarriage generally ends your eligibility to claim on an ex-spouse’s record. That is not a reason to stay single, but it is a number worth knowing before the wedding rather than after.
Assuming a short marriage disqualifies you. Ten years is the threshold. If you are currently divorcing near that mark, the timing belongs in the negotiation.
Forgetting that multiple long marriages count. If you had more than one marriage lasting 10 years or more, you can claim on whichever record pays more.
Claiming at 62 by default. The reduction is permanent. Sometimes claiming early is right, especially to bridge you to a larger benefit later, but it should be a decision rather than an accident.
Where this fits in your plan
Social Security is one piece of a post-divorce picture that also includes dividing retirement accounts, rebuilding an investment strategy that is yours rather than inherited from the marriage, and correcting the tax and estate paperwork. We walk through that sequence in our post-divorce rebuilding guide and in this case study of a woman who rebuilt $1.2M around her own plan.
If retirement is approaching, our planning for women nearing retirement page explains how we coordinate claiming decisions with the rest of your income plan. You can also start with our free retirement readiness assessment.
Frequently asked questions
Can I claim Social Security on my ex-husband’s record if he remarried?
Yes. His remarriage does not affect your eligibility, and your claim does not affect his new spouse’s benefits.
Will my ex-spouse know that I claimed?
No. The Social Security Administration does not notify him.
What if I remarried and then divorced again?
If your later marriage ended, you may again be able to claim on your first ex-spouse’s record, provided that marriage lasted at least 10 years and you meet the other requirements.
How do I apply?
You apply through the Social Security Administration and will generally need your marriage certificate and divorce decree. Confirm your specific situation with SSA, since eligibility depends on your dates and earnings record.
Your Next Step
Not sure which benefit you qualify for, or when to claim it? As a CFP® and CDFA®, this is exactly the intersection I work in. The first call is complimentary, a chance to see if we’re mutually a good fit. Book your Align Call here.
This article is educational and not individualized advice. Social Security rules depend on your dates of marriage and divorce, your earnings record, and your age at claiming. Confirm your situation with the Social Security Administration or a qualified professional.