You may be able to receive benefits based on your ex-spouse's Social Security Disability Insurance record, even after divorce
If your ex-spouse receives Social Security Disability Insurance (SSDI) and you were married for at least 10 years, you may be able to collect benefits on their record. This is true whether your ex is still living or has passed away. The benefit amount is based on what your ex-spouse would receive, not on your own work history. You do not need your ex's permission or cooperation to claim these benefits.
The rules are the same whether you are divorced, widowed, or your ex-spouse is still alive. Social Security treats a former spouse's record the same way it treats a current spouse's record for benefit purposes. The key difference is the 10-year marriage requirement — you must have been married for at least 10 years for the marriage to count toward your benefits.
Key Takeaways
- You must have been married to your ex-spouse for at least 10 years to collect benefits on their SSDI record.
- Your ex does not have to be receiving benefits yet — you can claim on their record once they reach age 62, even if they have not applied.
- If you remarry before age 60, you lose the right to claim on your ex's record, but remarriage after 60 does not affect your benefits.
- The benefit amount you receive does not reduce what your ex-spouse or their other family members receive.
- You can claim on your ex's record while also working, though your earnings may reduce your benefit amount if you are under full retirement age.
The 10-year marriage rule and how it is counted
Social Security counts the years of your marriage from the date you were legally married to the date your divorce became final. The marriage must have lasted at least 10 years for you to have any claim on your ex's record. If you were married for 9 years and 11 months, you do not meet the requirement.
The 10 years do not have to be continuous. If you were married, divorced, and then remarried to the same person, Social Security can count both periods of marriage toward the 10-year total. However, if you were married to different people, each marriage is counted separately — you cannot combine years from multiple marriages.
Social Security will ask you to provide a certified copy of your marriage certificate and your divorce decree to verify the dates. These documents must show the exact dates the marriage began and ended.
When you can start collecting and what amount you receive
You can claim benefits on your ex-spouse's SSDI record once they reach age 62, even if they have not yet applied for their own benefits. You do not need to wait for your ex to claim first. However, you must be at least age 62 yourself to receive any benefits.
The amount you receive is based on your ex's Primary Insurance Amount (PIA) — the benefit amount they would receive at their full retirement age. If you claim before your own full retirement age, your benefit is reduced. The reduction is permanent, meaning it stays in place for the rest of your life. If you wait until your full retirement age to claim, you receive the full amount based on your ex's record.
Your benefit does not reduce your ex-spouse's benefit or the benefits of any other family members on their record. If your ex has children or a current spouse also receiving benefits, those payments continue unchanged. Your claim is separate and does not affect theirs.
How remarriage affects your right to claim
If you remarry before you turn 60, you lose the right to claim on your ex-spouse's record. This is true even if the new marriage ends in divorce or death. Once you remarry before 60, Social Security considers you ineligible based on that prior marriage.
If you remarry after age 60, your right to claim on your ex's record is not affected. You can continue to receive benefits on your ex's record even after a new marriage. This rule applies whether your new marriage is to someone else or, in rare cases, to the same ex-spouse.
If you are currently receiving benefits on your ex's record and then remarry before age 60, your benefits will stop. If you remarry after age 60, your benefits continue.
Claiming on a deceased ex-spouse's record
If your ex-spouse has passed away, you can claim survivor benefits on their record if you were married for at least 10 years. The rules are the same as for a living ex-spouse, with one key difference: you can claim as early as age 60 (or age 50 if you are disabled), rather than waiting until 62.
If your ex passed away before reaching age 62, you can still claim on their record. Social Security will calculate what they would have received if they had lived and applied, and your benefit is based on that amount.
Remarriage rules are the same for survivor benefits: remarriage before age 60 ends your may be able to access, but remarriage after age 60 does not affect your benefits.
How your own work history affects your benefit
Social Security compares two amounts: what you would receive based on your own work record, and what you would receive based on your ex's record. You receive whichever amount is higher. This is called the "deemed filing" rule, and it applies to most people born after January 2, 1954.
If you have your own substantial work history, your own benefit amount might be higher than what you would receive on your ex's record. In that case, you receive your own benefit, not your ex's. You do not have a choice between the two — Social Security automatically pays you the larger amount.
If you are still working when you claim, your earnings may reduce your benefit amount. This reduction applies only if you are under your full retirement age. Once you reach full retirement age, you can earn any amount without a reduction to your benefits.
How to claim benefits on your ex-spouse's record
You can start the process by contacting Social Security directly. Call 1-800-772-1213 (TTY 1-800-325-0778) to speak with a representative, or visit your local Social Security office in person. You can also begin the process online at ssa.gov, though you may need to complete the process in person or by phone.
When you contact Social Security, have the following information ready: your ex-spouse's full name and Social Security number, the date you were married, the date your divorce became final, and your own birth date. You will also need to provide a certified copy of your marriage certificate and divorce decree.
Social Security will verify that your marriage lasted at least 10 years and that your ex-spouse has reached age 62 (or has passed away). The process typically takes several weeks. Once approved, your benefits usually begin the following month.
Frequently Asked Questions
Can I claim on my ex's record if we were married less than 10 years?
No. The 10-year marriage requirement is strict. If you were married for 9 years and 11 months, you do not meet the requirement and cannot claim on your ex's record. However, you can still claim on your own work record if you have one.
What if my ex-spouse is still working and has not applied for SSDI yet?
You can still claim on their record once they reach age 62, even if they have not applied for benefits themselves. You do not need your ex's permission or cooperation. Social Security will verify their disability status and calculate what they would receive.
If I claim on my ex's record, does it reduce their benefit amount?
No. Your benefit is calculated separately and does not reduce what your ex-spouse receives. If your ex has other family members receiving benefits on their record, those payments are also unaffected by your claim.
Can I receive benefits on more than one ex-spouse's record?
No. You can claim on only one ex-spouse's record at a time. If you were married to multiple people for at least 10 years each, Social Security will pay you based on whichever record gives you the highest benefit amount.
What happens to my benefits if I remarry after age 60?
Your benefits continue without change. Remarriage after age 60 does not affect your right to claim on your ex's record or the amount you receive. However, if you remarry before age 60, your benefits stop when ready.