If you're going through a divorce and wondering whether you can still get Social Security benefits based on your husband's work record, the answer isn't simple-but it’s not impossible either. Many people assume that once the marriage ends, so do any financial ties to their ex’s benefits. That’s not true. Under U.S. Social Security rules, divorced spouses can still qualify for benefits, even if they’ve moved on with their lives. But there are strict conditions. You don’t get automatic access. You don’t get half of everything. And you can’t claim it just because you were married for a few years.
How long do you need to be married to qualify?
You must have been married for at least 10 years. This is non-negotiable. If you were married for 9 years and 11 months, you don’t qualify. If you were married for 10 years and 1 day, you do. The 10-year rule applies to the total length of the marriage, not consecutive years. So if you remarried and divorced again, then remarried your first spouse, the time adds up-as long as the total reaches 10 years.
This rule exists because Social Security was designed to protect people who spent a major part of their working life supporting a household, often while their spouse built a career. It’s not about punishing or rewarding anyone. It’s about recognizing economic dependency.
Do you need to be currently divorced to claim benefits?
Yes. You must be divorced, and the divorce must have been final for at least two years before you can claim benefits based on your ex-spouse’s record-unless your ex is already receiving benefits. If your ex is already collecting Social Security, you can apply right after your divorce is finalized, even if it’s been less than two years. That’s an important exception. Many people miss this detail and delay applying unnecessarily.
Also, you must not have remarried. If you’ve remarried, you generally lose your right to claim benefits based on your first spouse’s record-unless that second marriage ends (by death, divorce, or annulment). Then you can go back to claiming based on your first spouse’s work history.
Can you claim benefits if your ex hasn’t filed yet?
Yes. You don’t need your ex to be collecting benefits for you to qualify. As long as you’ve been divorced for at least two years and your ex is old enough to qualify for Social Security (age 62 or older), you can apply-even if they’ve delayed filing. This is a common misconception. People think they have to wait until their ex starts getting checks. That’s not true. The Social Security Administration doesn’t notify your ex that you’re claiming. They don’t need to know. Your claim doesn’t reduce their benefit in any way.
How much can you get?
You’re eligible for up to 50% of your ex-spouse’s full retirement benefit. That’s the amount they’d get if they claimed at their full retirement age (67 for people born in 1960 or later). If your ex claimed early at 62, their benefit is reduced-and so is yours. But if you claim before your own full retirement age, your benefit is also reduced.
Here’s an example: If your ex qualifies for $2,000 per month at full retirement age, you could get up to $1,000 per month as a divorced spouse. But if you claim at 62, your benefit drops to about $700. If you wait until 70, you won’t get more than $1,000-it doesn’t increase past the 50% mark. Your own retirement benefit doesn’t grow just because you wait. The 50% cap is fixed.
What if your own benefit is higher?
You’ll get the higher of the two. Social Security doesn’t pay both. If your own work record gives you $1,200 a month and your ex’s record would give you $1,000, you’ll get your own $1,200. You don’t get both. But if your own benefit is $800 and your ex’s record gives you $1,000, you’ll get $1,000-your own benefit is replaced by the higher divorced spouse benefit.
Can you switch from your own benefit to your ex’s later?
Yes, under certain conditions. If you claim your own benefit early at 62 but later realize your ex’s benefit is higher, you can switch-once you reach your full retirement age. This is called a “restricted application.” You can file just for the divorced spouse benefit at 67, then delay claiming your own benefit until 70 to let it grow. This strategy can add tens of thousands of dollars over your lifetime. But you can only do this if you were born before January 2, 1954. If you were born after that date, you can’t file a restricted application. You’ll automatically get the higher benefit when you apply.
Does remarriage affect your benefits?
If you remarry, you lose your right to claim benefits based on your first spouse’s record. That’s the rule. But if your second marriage ends-whether through death, divorce, or annulment-you can go back to claiming based on your first spouse’s work history. You don’t need to remarry your first spouse. You just need to be single again.
There’s one exception: If you remarry someone who is also receiving Social Security benefits, and your new spouse’s benefit is higher than your ex’s, you can claim based on your new spouse’s record instead. But you can’t claim both. You get the best one.
What documents do you need to apply?
You don’t need your ex’s permission or their Social Security number to apply. But you do need to prove your marriage and divorce. That means:
- Your marriage certificate
- Your divorce decree
- Your birth certificate
- Your Social Security card
You’ll also need to know your ex-spouse’s full name and date of birth. If you don’t know their Social Security number, you can still apply. The Social Security Administration can look them up using the name and birthdate you provide. You don’t need to contact your ex. You don’t need their approval. The process is confidential.
Can you claim benefits if your ex is deceased?
If your ex has passed away, you may be eligible for survivor benefits instead. These are often higher than divorced spouse benefits. You can get up to 100% of what your ex was receiving-or what they would have received at full retirement age. The 10-year marriage rule still applies. You must be at least 60 years old (or 50 if you’re disabled) to claim survivor benefits. If you remarry after age 60, you can still collect survivor benefits based on your first spouse’s record. That’s a major difference from the divorced spouse rule.
What if your ex has multiple ex-spouses?
It doesn’t matter. If your ex was married more than once, and each marriage lasted 10 years or more, each ex-spouse can claim benefits based on the same work record. There’s no limit. Each person gets their own 50%. Your claim doesn’t reduce what another ex gets. Your ex’s benefit doesn’t shrink. Social Security pays everyone who qualifies. It’s not a pie that gets smaller with more people.
When should you apply?
Apply as soon as you’re eligible. Don’t wait. Even if you’re not ready to stop working, applying early locks in your eligibility. You can delay taking the money, but you can’t go back and claim benefits you missed. The Social Security Administration doesn’t pay retroactively for more than six months. If you wait three years to apply, you lose three years of potential income.
Also, if you’re still working and earning above the annual limit ($21,240 in 2025), your benefits will be reduced until you reach full retirement age. But once you hit that age, the reduction stops and your benefit is recalculated to make up for what was withheld. So it’s still worth applying-even if you’re still employed.
What if your ex refuses to provide documents?
You don’t need them. The Social Security Administration doesn’t ask your ex for anything. You only need your own documents: marriage certificate, divorce decree, ID. If you lost your divorce papers, you can get a certified copy from the court where your divorce was filed. Most courts keep records for decades. You don’t need your ex’s cooperation at all.
Is this available in New Zealand?
No. This applies only to the U.S. Social Security system. New Zealand has a different system called New Zealand Superannuation, which is a universal pension paid to residents over 67, regardless of marital status or previous employment. It doesn’t offer spousal or ex-spouse benefits. If you’re living in New Zealand and divorced from a U.S. citizen, your eligibility depends on whether you’ve worked enough in the U.S. to qualify for your own Social Security. You can’t claim benefits based on your ex’s record unless you meet the U.S. requirements and have a valid U.S. Social Security number.
What if you’re unsure?
Call the Social Security Administration directly. Don’t rely on online forums, friends, or even lawyers who don’t specialize in Social Security. The rules are complex and change often. You can call 1-800-772-1213 or visit your local office. Bring your divorce papers and marriage certificate. Ask: “Based on my marriage length and divorce date, am I eligible for benefits based on my ex-spouse’s record?”
Many people miss out because they assume they’re not eligible. Others wait too long and lose years of payments. You’re not entitled to everything-but you might be entitled to more than you think.