Can I get Social Security on my ex-spouse's record?
Yes — if your marriage lasted at least 10 years, you are 62 or older and currently unmarried, you can claim a benefit on your former spouse's earnings record, your former spouse is never notified, and their own benefit is not reduced by one penny.
What this means
- The marriage must have lasted 10 years or longer, and you must currently be unmarried. Remarrying generally ends this option.
- Social Security does not contact your former spouse, and they will not be told that you filed.
- Your claim takes nothing away from your former spouse or from their current husband or wife. Their payment is unchanged.
- You receive the higher of your own retirement benefit or the ex-spouse benefit, not both added together.
- If you have been divorced at least two years, you can claim even if your former spouse has not started their own benefits yet, as long as they are old enough to qualify.
- Claiming before your full retirement age permanently reduces the amount.
What to do first
- Gather your marriage certificate and your divorce decree, since Social Security will ask for both.
- Call Social Security at 1-800-772-1213 or make an appointment at a local office and say you want to file on a former spouse's record.
- Ask the representative to compare your own benefit with the divorced spouse benefit before you file.
- If your former spouse has died, ask about the surviving divorced spouse benefit instead, which follows different and often more generous rules.
Social Security Survivor Benefits
If your husband or wife has died, you may be owed a monthly benefit based on their record.
Social Security Benefits From an Ex-Spouse's Record
If the marriage lasted ten years, you may be able to collect on your ex's record. They are never told, and their check is not reduced.
What you'll need
- Your ex-spouse's Social Security number or date and place of birth
- Death certificate
- Bank account details for direct deposit
- Both Social Security numbers
- Your marriage certificate
- Your birth certificate
- Marriage certificate
- Your divorce decree
Deadlines and timing
- The 10-year rule is measured to the date the divorce was final. If you are close to 10 years and not yet divorced, this is worth understanding first.
- Benefits generally start from when you apply, with only limited back pay, so waiting costs money.
- Remarrying usually ends a divorced spouse benefit, though remarriage after age 60 does not end a surviving divorced spouse benefit.
Where to go
- Social Security Survivor Benefits: https://www.ssa.gov/locator
- Social Security Benefits From an Ex-Spouse's Record: https://www.ssa.gov/locator
Reviewed by Jason Burns, Editorial Steward · Last verified August 25, 2026
Sources
- Benefits for family members · Social Security Administration
Every program on this site is free to apply for. Anyone who asks you to pay to apply, or to “unlock” a government benefit, is a scam — hang up and call Senior Medicare Patrol or 211.
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