Spousal & Divorced Benefits
How to Collect Social Security Benefits as an Ex-Spouse
Verified against SSA POMS as of September 19, 2026
The short answer
Eligibility for collecting Social Security benefits as an ex-spouse involves meeting certain criteria such as being at least 62 years old and unmarried. The marriage must have lasted at least 10 years (RS 00202.005). Benefits may also be subject to deemed filing rules under specific circumstances. More details in GN 00204.035.
Eligibility Criteria for Ex-Spouse Benefits
To collect Social Security benefits on an ex-spouse's record, certain conditions must be met. The marriage must have lasted at least 10 years, the individual must be at least 62 years old, and they must be unmarried at the time of claiming benefits. Additional rules for claiming benefits involve the deemed filing provisions as per section GN 00204.035.
GN 00204.035 View source ›RS 00202.005Deemed Filing Rules
Deemed filing rules require individuals born on or after January 2, 1954, to file for all possible benefits simultaneously if eligible for both retirement and spousal benefits at the age of application. However, these rules do not apply to survivor benefits. Exceptions to deemed filing include having a child-in-care or receiving disability benefits at the time of claim. For those born before January 2, 1954, different deemed filing rules apply according to their eligibility in the month of entitlement. More details can be found in section GN 00204.035.
GN 00204.035 View source ›Process for Filing as an Ex-Spouse
When filing for Social Security benefits as an ex-spouse, it is necessary to provide proof of the marriage and divorce along with the ex-spouse's Social Security number. The application can be filed online, by phone, or at a local Social Security office. Upon filing, Social Security Administration will determine the eligibility and amount based on the ex-spouse's work record. Section GN 00203.004 provides guidance on the application process.
GN 00203.004 View source ›Frequently asked
Can I collect Social Security from my ex-spouse if I remarry?
You cannot collect Social Security benefits on an ex-spouse's record if you remarry and your ex-spouse is alive. However, if your ex-spouse is deceased, you can collect benefits on their record if you remarry after reaching age 60. If you remarry before age 60 and your ex-spouse is deceased, you generally cannot collect benefits on their record unless your subsequent marriage ends.
What happens to my benefits if my ex-spouse has passed away?
If your ex-spouse has passed away, you may be eligible for survivor benefits, which can be higher than spousal benefits. Deemed filing rules do not apply this scenario.
What are the age requirements to collect Social Security from an ex-spouse?
You must be at least 62 years old to collect Social Security benefits on an ex-spouse's earnings record. However, if you remarry, you generally cannot collect benefits on your ex-spouse's record while they are alive. If your ex-spouse is deceased, you cannot collect benefits if you remarry before age 60. You can collect benefits from a deceased ex-spouse if you remarry after reaching age 60.
Do I need my ex-spouse's permission to collect benefits on their record?
No, you do not need your ex-spouse's permission. Your benefits will not affect their benefits.
Can my benefits be affected if my ex-spouse remarries?
No, your benefits from an ex-spouse's record are not affected by their remarriage.