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Can I collect on my ex-spouse's Social Security?

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Often yes — up to 50% of their benefit, and it does not reduce what they or their current spouse receive.

August 16, 2026
Adjunct Professor of Finance, Johns Hopkins University Carey Business School · Author, The Social Security Playbook

Key takeaways

  • You may collect up to 50 percent of an ex-spouse's full retirement age benefit after a 10-year marriage if unmarried and 62 or older.
  • Your claim has no effect on your ex or their new spouse, It does not reduce what your ex-spouse or their current spouse receives.
  • Confirm your exact marriage and divorce dates, then call SSA at 1-800-772-1213 to compare your own benefit with the ex-spousal amount.

What are the four requirements?

You may qualify for benefits on a former spouse's record if all four are true:

  1. The marriage lasted at least 10 years.
  2. You are currently unmarried.
  3. You are 62 or older.
  4. The benefit you would receive on your own record is less than what you would receive on theirs.1
The 10-year rule is exact. It runs from the date of marriage to the date the divorce was final. Nine years and eleven months does not qualify. If you are near the line and the divorce is not yet final, this is worth knowing before you sign.

How much can you receive?

Up to 50% of your ex-spouse's full retirement age benefit — not 50% of what they actually receive, but 50% of what they would get at their full retirement age.1

Claiming before your own full retirement age permanently reduces that amount. There are no delayed retirement credits on a spousal or ex-spousal benefit, so waiting past your full retirement age gains you nothing on this particular benefit.2

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Will your ex find out?

This is the question people are most reluctant to ask, so let me answer it plainly: your claim has no effect on your ex-spouse's benefit. Their benefit is not reduced by a single dollar. Their new spouse's benefit is not reduced.

You also do not need their cooperation, their permission, or their Social Security number in hand. SSA already has their earnings record.

What if your ex has not filed yet?

A currently married person generally cannot claim a spousal benefit until their spouse has filed. Divorced spouses get an exception: if you have been divorced at least two years and your ex is at least 62, you can claim on their record even if they have not filed for their own benefits yet.1

How does remarriage change things?

  • If you remarry, you generally lose the ability to claim on your ex's record while that marriage lasts.
  • If that later marriage ends by death, divorce, or annulment, eligibility on the earlier record can be restored.
  • Survivor benefits work differently. If your ex-spouse has died, remarriage after age 60 (50 if disabled) does not cost you the survivor benefit.
Watch the age-60 line. For a divorced widow or widower, remarrying at 59 can end survivor eligibility that remarrying at 61 would have preserved.4 If you qualify as a disabled surviving divorced spouse, the line is age 50 instead of 60. If you are close to either line, the date of the ceremony matters.

How do you find out what you would get?

Call SSA at 1-800-772-1213 with your marriage date and divorce date. They can calculate your estimated ex-spousal benefit from their records without disclosing your ex's personal information.

Bring: your marriage certificate, your divorce decree, your birth certificate, and your own Social Security number.

What should you do next?

  1. Confirm the exact marriage and divorce dates — you need the 10 years.
  2. Check your own benefit estimate at ssa.gov/myaccount.
  3. Call SSA and ask what you would receive on your ex's record.
  4. Compare the two, and note that SSA pays the higher of the two — not both.

Sources

  1. Social Security Administration — ssa.gov — Benefits for a Divorced Spouse
  2. Social Security Administration — ssa.gov — Benefits for Spouses
  3. SSA Program Operations Manual System (POMS) — RS 00202
  4. Social Security Administration — Survivor benefits: eligibility ↗

Reviewed against primary sources November 7, 2026. Corrections: hello@benefitsinsider.co.

Kwame Kuadey
Fact-checked against primary sources. Every figure in this piece was checked against the agency or study that publishes it, and independently verified on November 7, 2026. Last reviewed November 7, 2026. Spotted something? hello@benefitsinsider.co
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Next Chapter Today is not a government website and is not affiliated with the Social Security Administration or any agency. This article is educational and is not individualized legal, medical, tax or financial advice. Confirm your own figures with the agency before you act.

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