Were you married for at least 10 years? There may be a Social Security benefit with your name on it that nobody ever mentioned.
When you're rebuilding, retirement can feel very far away.
But one rule from the Social Security Administration (SSA) is worth knowing now, because it can quietly change your retirement math. If your marriage lasted 10 years or longer, you may be able to collect benefits based on your ex's work record. It doesn't take anything from him, and it doesn't require his permission.
Here's how it works, in plain English, straight from SSA's own rules.
Key Takeaways
- If your marriage lasted 10+ years, you're unmarried and you're 62 or older, you may qualify for benefits on your ex's record.
- The benefit can be up to 50% of your ex's full-retirement-age amount, and it's permanently reduced if you claim early.
- Your claim doesn't lower your ex's benefit or his current spouse's benefit.
- If your ex dies, you may qualify for survivor benefits as early as 60, and remarrying after 60 won't stop them.
- A free my Social Security account lets you check your own earnings record and estimate today.
What the 10-Year Rule Actually Is
Social Security pays "divorced spouse" benefits to former spouses who meet a short list of requirements. According to SSA's publication What Every Woman Should Know, you can receive benefits on your ex-spouse's work if all of this is true:
- Your marriage lasted 10 years or longer.
- You're currently unmarried.
- You're 62 or older.
- The benefit you'd get on your own work record is less than what you'd get on your ex's.
- Your ex is entitled to Social Security retirement or disability benefits.
The 10 years are counted up to the date your divorce became final. That detail matters, and we'll come back to it.
What if your ex hasn't applied yet?
You don't have to wait for him to file. SSA says that if your ex is eligible and 62 or older but hasn't applied, you can still receive benefits on his record if you've been divorced for at least 2 continuous years. SSA calls this being "independently entitled," and the clock starts on the day of the divorce (SSA POMS RS 00202.005).
| Eligibility question | Check if yes |
|---|---|
| Was the marriage 10+ years, counted to the date the divorce was final? | ☐ |
| Are you unmarried right now? | ☐ |
| Are you 62 or older (or will be when you claim)? | ☐ |
| Is your ex receiving benefits, OR is he 62+ and eligible, with your divorce final for 2+ continuous years? | ☐ |
| Would the benefit on his record be higher than the one on your own record? | ☐ |
Every box checked? Call Social Security.
How Much Could You Get?
The divorced-spouse benefit can be up to half of your ex's benefit at his full retirement age. For anyone born in 1960 or later, full retirement age is 67, per SSA's Retirement Benefits guide.
Two important details:
- Claiming early costs you. If you start before your full retirement age, the payment is permanently reduced. At 62, it drops to 32.5% of his full benefit instead of 50%.
- Waiting past full retirement age doesn't raise it. SSA notes that the spouse benefit stays capped at 50% of his full-retirement-age amount, even if you delay.
Divorced-spouse benefit as a share of your ex's full benefit, by the age you claim (full retirement age 67)
You get the higher amount, not both
This one surprises people. You don't receive your own benefit plus half of his. SSA pays you the highest amount you're eligible for. So if your own record pays more, you'll simply get your own benefit.
That's why this rule matters most for women who stepped back from paid work to raise kids.
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Get the Free Guide →Why This Matters So Much for Women
Women still tend to retire with less.
Average monthly Social Security benefit, retired workers (December 2024)
And women's money usually has to last longer. SSA estimates that a woman who is 65 today can expect to live to about 87, compared with about 84 for a 65-year-old man (SSA, What Every Woman Should Know). Every benefit you've earned deserves a look.
What It Does NOT Do (Breathe Easy)
Worried about stirring things up with your ex? Here's what SSA and AARP say:
- It doesn't reduce his check. SSA states that benefits paid to a divorced spouse "don't affect the amount" the worker or his current spouse can get (SSA).
- It doesn't count against his family's limit. Payments to ex-spouses don't count toward the family maximum.
- He isn't told. According to AARP, SSA will not notify your former spouse if you apply on his record.
- His remarriage doesn't matter. His marital status has no bearing on your eligibility. Yours does.
Remarriage, Survivor Benefits and the "After 60" Rule
If you remarry
SSA says that generally, if you remarry, benefits on your former spouse's record stop, and you should report the marriage to avoid an overpayment (SSA blog). If a later marriage ends, ask SSA whether you can become eligible again. If you're weighing a new marriage, this belongs on your list of things to think through before you say yes.
If your ex passes away
Survivor rules are different, and often more generous. According to SSA's Survivors Benefits guide, a surviving divorced spouse can collect:
- At age 60 or older (50 to 59 if you have a disability), if the marriage lasted at least 10 years.
- At any age if you're caring for his child who is under 16 or has a disability and is entitled to benefits. The 10-year rule doesn't apply here.
A surviving spouse at full retirement age generally gets 100% of the worker's basic benefit, and between 71% and 99% if claiming between 60 and full retirement age. Remarrying after age 60 (or 50 with a disability) won't stop survivor payments. And your survivor benefit won't reduce what other survivors, like his widow, receive (with an exception when you're caring for his young child).
How to Check Your Record and Claim
- Open a my Social Security account at ssa.gov/myaccount. Check that every year of your earnings shows up correctly and look at your own benefit estimate.
- Make sure your name matches. If you changed your name, update SSA first. Our name-change checklist walks you through it.
- Gather your documents. SSA says you'll need your ex's Social Security number when you apply. Your marriage certificate and final divorce decree prove the dates. If you're still collecting paperwork, our divorce document folder helps.
- Ask SSA directly. Call 1-800-772-1213 or visit a local office and ask what you'd get on your own record versus your ex's.
Social Security is only one piece. Retirement accounts divided in your divorce are another, and QDROs are explained simply here. For the bigger picture, start with understanding your finances post-divorce.
"For I know the plans I have for you," declares the Lord, "plans to give you hope and a future" (Jeremiah 29:11). Your future deserves a plan, too.
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Build Your Money Plan →Frequently Asked Questions
Can I get Social Security from my ex-husband if we were married 9 years?
Not as a divorced spouse; SSA requires 10 years or longer. The exception: survivor benefits while caring for his child who is under 16 or disabled.
Will my ex know if I claim benefits on his record?
According to AARP, SSA will not notify your former spouse. Your claim also doesn't reduce his benefit or his current spouse's benefit.
Can I collect on my ex's record if he remarried?
Yes. His remarriage doesn't affect your eligibility. Your own marital status does: generally, you must be unmarried.
Can I get my own benefit and my ex's benefit at the same time?
No. SSA pays the highest amount you're eligible for, not both added together.
What if my ex hasn't started collecting Social Security?
If he's at least 62 and eligible, you can still claim on his record once your divorce has been final for at least 2 continuous years.
This article is for educational purposes only and is not legal, financial or tax advice. Social Security rules can change and depend on your full situation, so confirm your eligibility and benefit amounts directly with the Social Security Administration at ssa.gov or 1-800-772-1213, and talk with a qualified attorney or financial professional about your divorce.