Your ex-spouse can receive benefits on your Social Security Disability Insurance (SSDI) record, but only if you meet specific conditions and she does not remarry
If you are receiving SSDI, your ex-spouse may be able to collect a portion of your benefit amount — but this is not automatic and depends on how long you were married, her age, and whether she is working. Social Security calls this an ex-spouse benefit, and it does not reduce the amount you receive each month. The money comes from your benefit, but you keep your full payment.
The rules are strict. Your ex-spouse cannot straightforward ask for the money. She must meet Social Security's requirements, and you do not have to agree or sign anything for her to receive it. Once she meets the conditions, Social Security handles the payments directly.
This matters because many people do not know this is possible, and some ex-spouses do not realize they have this option. If you are concerned about your benefit amount or want to understand what your ex-spouse might receive, you can contact Social Security directly or log into your My Social Security account to see your benefit details.
Key Takeaways
- Your ex-spouse can receive up to 50 percent of your SSDI benefit if you were married for at least 10 years and she is at least 62 years old.
- Your ex-spouse's benefit does not reduce your monthly payment — you receive your full SSDI amount regardless of whether she collects.
- If your ex-spouse remarries, she loses the right to collect on your record unless she remarries after age 60 (or 50 if she is disabled).
- Social Security does not require your permission for your ex-spouse to claim benefits on your record if she meets all the conditions.
- You can view your benefit statement and estimated family payments in your My Social Security account under "Benefit Estimates."
The 10-year marriage rule and age requirements
Your ex-spouse must have been married to you for at least 10 years to claim benefits on your SSDI record. This is a hard rule — nine years and 11 months does not count. Social Security counts the years from the date you married to the date your divorce was final.
She must also be at least 62 years old to receive any benefit on your record. If she is younger than 62, she cannot collect, even if you were married for 10 years or more. The only exception is if she is caring for your child who is under 16 or disabled — in that case, age does not matter.
If your ex-spouse is between 62 and her full retirement age, her benefit will be reduced. If she waits until her full retirement age (which varies by birth year, typically between 66 and 67), she can receive up to 50 percent of your SSDI benefit amount. If she claims before her full retirement age, the percentage is lower.
How much your ex-spouse can receive
The maximum your ex-spouse can receive is 50 percent of your primary insurance amount — the full SSDI benefit you receive each month. However, if she claims before her full retirement age, the amount is reduced. For example, if she claims at 62, she might receive around 32 to 35 percent of your benefit instead of 50 percent.
Social Security has a family maximum that applies to all people collecting on your record combined. This means if you have a current spouse, children, or multiple ex-spouses collecting, the total paid to all of them combined cannot exceed 150 to 180 percent of your benefit amount. If the family maximum is reached, each person's share is reduced proportionally.
Your own SSDI payment is never reduced because your ex-spouse collects. You receive your full monthly amount no matter how many family members are collecting on your record.
What happens if your ex-spouse remarries
If your ex-spouse remarries before age 60, she loses the right to collect benefits on your SSDI record when ready. Her benefits stop the month she remarries. This is true even if she was already receiving payments.
However, if she remarries at age 60 or older, she can continue to collect on your record. The remarriage does not affect her benefits. If she is disabled and remarries at age 50 or older, she can also continue collecting.
If her remarriage ends — through divorce, death of the new spouse, or annulment — she may regain the right to collect on your record, as long as she meets all other conditions. She would need to contact Social Security to restart her benefits.
How to learn about your ex-spouse is collecting on your record
You can log into your My Social Security account and view your benefit statement. Under "Benefit Estimates" or "Family Benefits," you may see information about family members collecting on your record, though the display varies depending on your situation.
If you want specific details about who is collecting on your SSDI record, you can call Social Security at 1-800-772-1213 (TTY 1-800-325-0778). Have your Social Security number ready. A representative can tell you whether your ex-spouse has filed for benefits and how much she is receiving.
You do not need your ex-spouse's permission to ask Social Security about this information. Your own benefit record is yours to review, and Social Security can tell you about family members collecting on it.
What your ex-spouse must do to claim benefits
Your ex-spouse cannot straightforward call and ask for money. She must contact Social Security and file a claim for benefits on your record. She can do this by calling 1-800-772-1213, visiting a local Social Security office, or explore online at ssa.gov if she is at least 62 years old.
When she applies, Social Security will ask for proof of your marriage (the marriage certificate), proof of the divorce (the divorce decree), and proof of her age (birth certificate). She will also need to provide information about any current or previous marriages.
Social Security will verify that you are receiving SSDI and that the marriage lasted at least 10 years. If everything checks out and she meets the age requirement, her benefits will begin. The process typically takes several weeks.
If you are concerned about your ex-spouse's claim
You cannot stop your ex-spouse from claiming benefits on your record if she meets all the conditions. Social Security does not require your consent. However, you can contact Social Security if you believe she is providing false information — for example, if you do not believe you were actually married for 10 years, or if you have reason to think she has remarried and is still collecting.
If you suspect fraud, you can report it to Social Security's Office of Inspector General at oig.ssa.gov or by calling 1-800-269-0271. Provide as much detail as you can about why you believe the claim is fraudulent.
For questions about your own benefit or to understand how family benefits work on your specific record, log into My Social Security or call 1-800-772-1213. A representative can walk you through your situation and answer questions about what your ex-spouse may or may not be able to collect.
Frequently Asked Questions
Does my ex-spouse's benefit reduce my SSDI payment?
No. Your SSDI benefit is not reduced because your ex-spouse collects on your record. You receive your full monthly payment regardless of whether she claims benefits. The money she receives comes from the Social Security trust fund, not from your benefit.
Can my ex-spouse collect if we were married for only 9 years?
No. Social Security requires a marriage of at least 10 years. The marriage must have lasted from the wedding date through the divorce being final. If you were married for 9 years and 11 months, she does not meet the requirement.
What if my ex-spouse is disabled but under 62?
If your ex-spouse is disabled, she may be able to collect on your SSDI record even before age 62. She must be at least 50 years old and have a disability that Social Security recognizes. She will need to file a claim and provide medical evidence of her disability.
Can I find out how much my ex-spouse is receiving?
You can contact Social Security and ask about family members collecting on your record. Call 1-800-772-1213 with your Social Security number. Social Security can tell you whether your ex-spouse has filed and provide general information about benefits paid on your record.
What if I think my ex-spouse is lying about her age or remarriage status?
You can report suspected fraud to Social Security's Office of Inspector General at oig.ssa.gov or 1-800-269-0271. Provide details about why you believe the information is false. Social Security will investigate if there is reason to believe someone is collecting benefits they are not may have access to to.