Social Security and Divorce: Can I Collect on My Ex-Spouse’s Record?

Yes, in many cases. If you were married for at least 10 years and have not remarried, you may be entitled to Social Security benefits based on your ex-spouse’s work record, even if your ex has remarried. Collecting these benefits does not reduce what your ex or their current spouse receives, and Social Security does not notify your ex that you applied.

Requirements to Collect on Your Ex-Spouse’s Record

  • Your marriage lasted at least 10 years.
  • You are currently unmarried.
  • You are at least 62.
  • Your ex-spouse is entitled to Social Security retirement or disability benefits.
  • The benefit you would get on your own work record is less than the divorced spouse benefit.

If your ex has not yet applied but is eligible, you can still apply on your own as long as you have been divorced for at least two years.

How Much Can a Divorced Spouse Receive?

You can receive up to 50% of your ex-spouse’s full retirement benefit. The amount is reduced if you start before your own full retirement age. Social Security does not add the two together: if you also qualify on your own record, you receive the higher of the two.

If Your Ex Receives Disability Benefits (SSDI)

The same rules apply when your ex receives Social Security disability benefits instead of retirement. If you care for your ex’s child who is under 16 or disabled, additional benefits may be available for you and the child.

Survivor Benefits for Divorced Spouses

If your ex-spouse has died and you were married at least 10 years, you can receive survivor benefits as early as age 60, or age 50 if you are disabled, up to 100% of your ex’s benefit. Remarrying after age 60 (or 50 if disabled) does not end these benefits. If you are caring for your ex’s child under 16, you may qualify even if the marriage lasted less than 10 years.

What Happens If I Remarry?

Remarrying generally ends divorced spouse benefits unless the later marriage ends by death, divorce or annulment. Benefits based on your own work record are not affected.

Medicare and Your Ex-Spouse

If you were married at least 10 years, you may also qualify for premium-free Medicare Part A on your ex-spouse’s record when you turn 65.

Government Pensions: An Important Change

If you worked in a job that did not pay Social Security taxes, such as some government or teaching positions, the Social Security Fairness Act of 2025 eliminated the Government Pension Offset (GPO), which used to reduce or eliminate spouse and survivor benefits. If your benefits were denied or reduced for that reason in the past, it is worth reviewing your situation.

Arizona Divorce and Social Security

Arizona is a community property state, but Social Security benefits are federal and are not divided in a divorce settlement. Your eligibility as a divorced spouse depends only on the Social Security rules above.

How to Apply

You can apply by calling 1-800-772-1213 or by appointment at a local Social Security office. Have these ready:

  • Proof of your age, such as a birth certificate
  • Your marriage certificate and divorce decree
  • Your ex-spouse’s Social Security number if you have it (otherwise their full name and date of birth)
  • Information about your own work history

Have a Disability? We Can Help

Disability Help Group Arizona helps people across Arizona with Social Security disability claims (SSDI and SSI). If you or your ex-spouse have a disability, or you were denied benefits, call (888) 939-4692 for a free consultation. There is no fee unless your claim is approved. Fees must be approved by SSA and are generally limited to 25% of past-due benefits, up to $9,200.