Spousal & ex-spouse Social Security benefits, explained
Here’s a benefit that millions of people leave entirely on the table: you can collect Social Security on a spouse’s record — and, if your marriage lasted ten years, on an ex-spouse’s record long after the divorce. It won’t cost them a dollar, they’ll never be told, and it can be worth up to half of their benefit while they’re alive or all of it after they’re gone. This guide walks through the rules that decide who qualifies, how much you get, and how to avoid the traps — with an estimator for your own situation.
1. The benefit people forget exists
Social Security isn’t only built on your earnings record. If you’re married, divorced after a long marriage, or widowed, you may be entitled to a benefit based on someone else’s record — and it’s frequently larger than anything your own work history would produce. The trouble is that these benefits don’t announce themselves. Nobody mails you a letter saying “by the way, you can collect on your ex.” You have to know to ask.
There are three flavors, and they’re easy to mix up: the spousal benefit (on a living current spouse), the divorced-spouse benefit (on a living ex), and the survivor benefit (on a deceased spouse or ex). They share DNA but follow different rules on amount, age, and remarriage. Let’s take them in order.
A spousal benefit can pay up to 50% of the worker’s full benefit while they’re alive; a survivor benefit can pay up to 100% after they die. If your own benefit is smaller than those, the difference is real money you’re entitled to claim.
2. How the spousal benefit works
A spousal benefit lets you collect based on your husband’s or wife’s earnings record instead of your own. At your full retirement age, it’s worth up to 50% of the worker’s PIA — their full-retirement benefit. Three details trip people up:
- It’s based on their PIA, not their check. Even if your spouse claimed early and took a reduced benefit, your spousal amount is still figured from their full PIA.
- It doesn’t grow past your FRA. Unlike your own retirement benefit, a spousal benefit earns no delayed retirement credits. Waiting past full retirement age to claim it gains you nothing.
- You get the larger of the two, not both. If your own retirement benefit already exceeds 50% of your spouse’s, you simply receive your own — the spousal benefit only matters when it’s the bigger number.
For currently married couples there’s one more wrinkle: the worker generally must have already filed for their own benefit before you can claim a spousal benefit on their record. (Divorced applicants get an exception — see below.) We dig into the federal-specific mechanics, including CSRS and survivor annuities, in our federal spousal and survivor guide.
3. The ex-spouse rules (the 10-year test)
This is the part most people never hear: divorce does not erase your claim. If your marriage lasted long enough, you can collect a divorced-spouse benefit on your former husband’s or wife’s record. The gatekeeper is the 10-year rule. To qualify, all of the following must be true:
| Requirement | Detail |
|---|---|
| Marriage length | The marriage lasted at least 10 years before the divorce was final. Nine years and 11 months earns you nothing. |
| Your marital status | You are currently unmarried. If you remarried, you generally claim on your new spouse’s record instead. |
| Your age | You are at least 62 (the benefit is reduced if you claim before your full retirement age). |
| Their eligibility | Your ex is eligible for Social Security (age 62+), whether or not they’ve actually filed. |
Meet those and you can receive up to 50% of your ex’s PIA, exactly like a current spouse. And here’s the reassuring part: your claim is completely invisible to them. It doesn’t reduce their benefit, doesn’t touch their current spouse’s benefit, and your ex is never notified. Their remarriage is irrelevant to your claim.
4. The two-year rule and other myths
The single most common myth is that you have to wait for your ex to file first. For current spouses that’s true; for divorced spouses there’s an escape hatch. If you have been divorced for at least two years and your ex is at least 62, you can claim on their record even if they haven’t filed — you’re treated as “independently entitled.” You don’t need their cooperation, their permission, or even their current address.
A few more facts that surprise people:
- Multiple long marriages? If you were married 10-plus years more than once, you can claim on whichever ex’s record produces the largest benefit.
- Their new spouse doesn’t crowd you out. You and your ex’s current spouse can both collect on the same record at the same time.
- Remarriage timing matters — for you. Remarry, and you generally lose the divorced-spouse benefit (you’d look to the new spouse’s record). If that later marriage ends, eligibility on the original ex can be restored.
Spousal and divorced-spouse benefits stop growing at your full retirement age. Delaying past 67 to “get more” is a costly mistake — that strategy only works for your own retirement benefit, not for benefits claimed on someone else’s record.
5. Survivor benefits: up to 100%
When a spouse or qualifying ex-spouse dies, the spousal benefit converts to something far more generous: a survivor benefit worth up to 100% of what the deceased was receiving or was entitled to. This is the protection that makes a higher earner’s decision to delay so valuable — the bigger benefit they locked in by waiting becomes the floor their survivor can step into.
Survivor rules differ from spousal rules in ways worth memorizing:
| Feature | Spousal (living) | Survivor (deceased) |
|---|---|---|
| Maximum amount | Up to 50% of their PIA | Up to 100% of their benefit |
| Earliest age | 62 | 60 (50 if disabled) |
| Remarriage | Generally ends the benefit | OK if you remarry at/after 60 |
| Divorced version | 10-year marriage rule | Same 10-year rule |
| Can switch later? | No (deemed filing) | Yes — take survivor now, switch to own at 70 |
That last row is the strategy gem. Survivor benefits are exempt from deemed filing, so a widow or widower can claim a reduced survivor benefit at 60, let their own retirement benefit keep growing with delayed credits, and switch to it at 70 if it ends up larger. We cover the tax side of this transition — the so-called widow’s penalty — in our dispatch on survivor taxes and the broader first-year-after-losing-a-spouse guide.
6. Estimate your benefit
Enter your own full-retirement benefit (your PIA) and your spouse’s or ex’s, and the estimator shows what you could receive in each role: on your own record, as a spouse (up to 50%), and as a survivor (up to 100%). The amounts shown are at full retirement age.
Your numbers
Simplified estimate at full retirement age. Claiming before FRA reduces the spousal and survivor amounts; survivor benefits start as early as 60. Ex-spouse claims require a marriage of at least 10 years. This is an educational tool, not an official SSA quote.
7. GPO repeal: a federal game-changer
For federal retirees, one change rewrote the math entirely. The old Government Pension Offset (GPO) slashed spousal and survivor benefits by two-thirds of any pension earned in work not covered by Social Security — which wiped out these benefits for many CSRS retirees and their widows and widowers.
The Social Security Fairness Act, signed in January 2025, repealed the GPO (and its cousin, the WEP). A CSRS-covered spouse or survivor who was previously offset down to zero may now be entitled to a full spousal or survivor benefit. If you were ever told your government pension disqualified you, that advice is out of date — it’s worth a fresh look. See our coverage in the WEP/GPO repeal, one year later.
8. Claiming-order strategy
Because deemed filing collapses your own and spousal benefits into “the higher one,” the real strategy lives in survivor benefits and in timing. A few principles that consistently pay off:
- The higher earner should consider delaying to 70. It maximizes not just their own check but the survivor benefit their spouse inherits.
- Widows and widowers can split the timeline. Take the survivor benefit first and let your own grow, or vice versa — whichever is smaller now and can grow more.
- Gather your dates before you call. Marriage date, divorce-final date, and any remarriage date decide eligibility under the 10-year, two-year, and age-60 rules. Survivor claims can’t be filed online — use the phone (1-800-772-1213) or a local office.
- Don’t wait past FRA for spousal-only benefits. They don’t grow after 67.
For the bigger picture of when to file across all of these, see our federal-edition claiming guide, and to understand the underlying number every one of these benefits is built on, read how your Social Security benefit is calculated.
9. Frequently asked questions
Can I claim Social Security on my ex-spouse’s record?
Yes, if your marriage lasted at least 10 years, you are currently unmarried, you are at least 62, and your ex-spouse is eligible for benefits. You can receive up to 50% of your ex’s full-retirement benefit (their PIA). If you have been divorced for at least two years, you can claim even if your ex hasn’t filed yet. Your claim does not reduce your ex’s benefit or affect their current spouse, your ex is never notified, and their remarriage doesn’t matter. If you qualify for both your own benefit and an ex-spousal benefit, Social Security pays the higher of the two, not both.
How much is the spousal benefit?
A spousal benefit is worth up to 50% of the worker’s primary insurance amount (PIA) — their full-retirement benefit — if you claim at your own full retirement age. Claiming earlier reduces it. Importantly, the spousal benefit is based on the worker’s PIA even if the worker claimed early and took a reduced check. Spousal benefits do not earn delayed retirement credits, so there is no reason to wait past your full retirement age to claim one. If your own retirement benefit is larger than 50% of your spouse’s, you simply receive your own.
What is the 10-year marriage rule for divorced spouses?
To claim on an ex-spouse’s Social Security record, your marriage must have lasted at least 10 years before the divorce became final. If it lasted nine years, you get nothing on that record; ten years and you’re treated much like a current spouse. You must also currently be unmarried to claim a divorced-spouse benefit. If you were married 10-plus years to more than one person, you can claim on whichever ex’s record gives you the largest benefit.
How do survivor benefits differ from spousal benefits?
A spousal benefit (while the worker is alive) is worth up to 50% of their PIA. A survivor benefit (after the worker dies) is worth up to 100% of what the deceased was receiving or entitled to. Survivors can claim as early as age 60 (50 if disabled), and remarriage after age 60 does not affect eligibility. Divorced survivors qualify under the same 10-year marriage rule. Unlike retirement and spousal benefits, a survivor benefit can be taken on its own while you let your own retirement benefit grow, then you can switch to your own at 70 if it’s larger.
Does a government pension still reduce my spousal benefit?
No. The Social Security Fairness Act, signed in January 2025, repealed the Government Pension Offset (GPO), which used to cut spousal and survivor benefits by two-thirds of a non-covered government pension. Surviving spouses and spouses who receive a CSRS or other non-covered pension are no longer offset. If an older estimate shows a GPO reduction, it reflects the pre-repeal rules; benefits payable now are calculated without the offset.
- Social Security Administration, “Benefits for Your Spouse”
- Social Security Administration, “Benefits for a Divorced Spouse”
- Social Security Administration, “Survivor Benefits”
- AARP, “Social Security Married and Divorced Spousal Benefits”
- Social Security Administration, “Social Security Fairness Act” (GPO repeal)