Can I Draw on My Ex-Husband’s Social Security Benefits?

Social Security spousal benefits can provide financial support for divorced individuals, but many are unsure if they qualify or how much they might receive. Understanding the rules surrounding these benefits is important, especially when planning for retirement.

Basic Eligibility Requirements

To qualify for Social Security benefits based on an ex-husband’s work record, the marriage must have lasted at least ten years, measured from the official marriage date to the finalization of the divorce. Legal separation or time spent apart before the divorce does not count toward this requirement.

A divorced spouse must be at least 62 years old to claim benefits. However, waiting until full retirement age—between 66 and 67, depending on birth year—avoids reductions in monthly payments. If the ex-husband has not applied for Social Security but qualifies, the divorced spouse can still claim benefits if they have been divorced for at least two years.

Benefit Amount Calculation

A divorced spouse can receive up to 50% of the ex-husband’s primary insurance amount (PIA), which is the monthly benefit he is entitled to at full retirement age. Claiming before reaching full retirement age reduces the benefit. For example, claiming at 62 instead of 67 lowers the benefit to about 32.5% of the ex-husband’s PIA.

The ex-husband’s benefits are not affected by a former spouse’s claim, nor are those of his current spouse. Social Security calculates these payments separately. If the divorced spouse qualifies for their own retirement benefits, Social Security will pay that amount first. If their personal benefit is lower than what they would receive from their ex-husband’s record, they will receive an additional amount to bring them up to the spousal benefit level. This process, known as the “dual entitlement rule,” ensures they receive the highest benefit available.

Applying for Spousal Benefits

To apply for Social Security benefits as a divorced spouse, individuals must submit an application through the Social Security Administration (SSA) online, by phone, or in person. Required documents typically include a certified copy of the divorce decree, proof of marriage, personal identification, and the ex-husband’s Social Security number. If the number is unavailable, the SSA may accept his birthdate and place of birth to locate his records.

Processing times vary. Some claims are approved within weeks, while others take longer if additional verification is needed. Benefits are paid monthly, usually through direct deposit, beginning the month after approval. Retroactive benefits, if available, are limited to six months and may be issued as a lump sum.

Implications for Other Retirement Income

Claiming Social Security benefits based on an ex-husband’s earnings can affect financial planning, particularly when coordinating with pensions, annuities, and taxes.

For those receiving a pension from work not covered by Social Security, such as certain government jobs, the Government Pension Offset (GPO) may reduce or eliminate spousal benefits. The GPO subtracts two-thirds of the pension amount from the Social Security benefit, sometimes resulting in no payment.

Social Security benefits may also be subject to federal income tax. If combined income—defined as adjusted gross income plus nontaxable interest and half of Social Security benefits—exceeds $25,000 for single filers or $32,000 for joint filers, up to 85% of benefits may be taxable. Some states also tax Social Security benefits, further affecting net income.

Remarriage Considerations

Remarrying generally ends the ability to claim Social Security benefits based on an ex-husband’s record unless the subsequent marriage ends in divorce, annulment, or death. If the new spouse is also entitled to Social Security benefits, it may be more beneficial to claim based on their record instead. If the new spouse has a higher earnings history, the benefit amount could be greater.

If the new marriage ends, eligibility to claim benefits from the prior spouse’s record is reinstated, provided all other requirements are met.

Potential Income Limitations

Earnings from work can reduce Social Security benefits if claimed before full retirement age. In 2024, the annual earnings limit is $22,320. For every $2 earned above this amount, $1 is withheld from benefits. This reduction applies only until full retirement age, after which benefits are recalculated to account for previously withheld amounts.

Once full retirement age is reached, there are no earnings restrictions. However, income from wages is not the only factor to consider. Withdrawals from retirement accounts or rental income do not directly reduce benefits but may increase taxable income, potentially making a larger portion of Social Security benefits subject to taxation. Understanding how different income sources interact with Social Security can help with financial planning.