< Back to Social Security Administration

Can I claim ex-husband's Social Security after 21 years as stay-at-home mom?

Just finalized my divorce after 4 years of back and forth on the separation agreement. I'm 56 now and working a low-wage job after being a stay-at-home mom for 21 years during my marriage. Someone told me that when I reach retirement age, I can claim Social Security benefits based on my ex-husband's record since his benefit will be much higher than mine. They said I'd get half of what he receives? Is this accurate? Those 21 years without income really hurt my own SS record, and I'm trying to plan ahead financially. I appreciate any clarification on how ex-spouse benefits actually work and if there are other requirements I should know about. Thanks!

Oliver Schulz

•

Yes, you can potentially claim on your ex-spouse's record! The requirements are: 1) your marriage lasted at least 10 years, 2) you're currently unmarried, 3) you're at least 62, and 4) the benefit based on your ex's work would be higher than your own benefit. The maximum is 50% of his full retirement age benefit amount - but only if you wait until your own full retirement age (probably 67 for you). If you claim earlier, the amount is reduced. Also, him filing or not filing doesn't matter for ex-spouse benefits - another advantage over current spouse benefits.

0 coins

Amina Diallo

•

Thank you! This is incredibly helpful. So if my ex hasn't filed for his benefits yet when I reach 67, I can still claim on his record? And does his marital status matter - like if he's remarried?

0 coins

Natasha Orlova

•

i think u need to be married 10 yrs minimum to get ex spouse benefits so sounds like ur good there. my aunt does this, gets wayyyy more from her ex than her own record would pay!!!

0 coins

Javier Cruz

•

This is correct about the 10-year requirement, but I want to clarify something important: you don't necessarily get "way more" from an ex-spouse's record. The maximum you can receive is 50% of their full retirement benefit (and only if you wait until your full retirement age). Some people mistakenly believe they get the same amount the ex-spouse receives, which isn't the case.

0 coins

Amina Diallo

•

Does anyone know if I need to contact my ex-husband about this when the time comes? We're not exactly on speaking terms...

0 coins

Oliver Schulz

•

No contact necessary! Your ex will never even know you've filed on his record - the SSA handles everything, and it doesn't affect his benefits whatsoever. You'll just need his Social Security number, or if you don't have that, SSA can usually locate his record with his date of birth and parents' names.

0 coins

Emma Wilson

•

Just want to add my 2 cents - don't overlook your OWN benefit calculation! Even though you were out of the workforce those 21 years, Social Security only counts your highest 35 years of earnings. So if you work even 10 more years at a decent wage before retiring, you might be surprised at how your own benefit compares. I'd recommend creating a my Social Security account online to see your current estimated benefit. I was in a similar situation (though only out of workforce for 15 years) and was surprised.

0 coins

Amina Diallo

•

That's a great point! I think my full retirement age is 67, so I could potentially work another 11 years. If I'm understanding correctly, I can either take my own benefit OR 50% of his, whichever is higher, right?

0 coins

Oliver Schulz

•

That's right! SSA will automatically give you whichever is higher - your own benefit or the ex-spouse benefit. And here's a tip: if your own benefit will eventually be higher, you can sometimes claim the ex-spouse benefit first and then switch to your own later after it's had more time to grow.

0 coins

Malik Thomas

•

I wuz in EXACT same boat, married 18 yrs, raised kidz, divorced at 54. Got TERRIBLE advice from SSA when I called!!! They kept giving wrong info about ex-spouse benefits. Took me 6 calls to get someone who knew the rules!! In my case I did better claiming MY benefit at 68 instead of ex's at 67. GET MULTIPLE OPINIONS!!!

0 coins

NeonNebula

•

I had the same frustrating experience trying to get accurate info from SSA about divorced spouse benefits. After weeks of busy signals and disconnections, I found a service called Claimyr (claimyr.com) that got me connected to an SSA agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. It was so much better than spending days trying to get through. The agent I finally spoke with was knowledgeable and helped me understand all my options.

0 coins

Malik Thomas

•

Thank u for sharing! Wish I'd known about that when I was calling SSA every day for 2 weeks!! Will remember this if I have future issues.

0 coins

Isabella Costa

•

Be careful with the whole divorce benefit thing. My sister thought she was gonna get half her ex's SS check (he was making $160k when they divorced) but that's NOT how it works! SS has caps on how much income counts towards benefits so his benefit wasn't as high as she expected, AND then the 50% was less than she thought. She was counting on like $2k/month and ended up with only like $1,300. Not saying don't do it, just have realistic expectations.

0 coins

Amina Diallo

•

Thanks for the reality check. My ex was making about $120k when we divorced, so I'll need to be careful about my expectations. $1,300 would still help a lot, but it's good to know I shouldn't count on more than that.

0 coins

Oliver Schulz

•

One thing nobody's mentioned yet: if you remarry, you generally can't claim ex-spouse benefits anymore. However, if your second marriage also ends (by death, divorce, or annulment), you can go back to claiming on the first ex-spouse's record. Also worth knowing that you can claim on whichever ex-spouse's record gives you the highest benefit, if you have multiple marriages that lasted at least 10 years.

0 coins

Natasha Orlova

•

wait seriously?? this is like social security divorce strategy lol never thought of it that way! my mom should've stayed with her 2nd husband 3 more years to hit that 10yr mark!

0 coins

Amina Diallo

•

So I was talking to my friend and she said I might be able to start taking benefits at 62 even though they'd be reduced. Is waiting until my full retirement age at 67 really worth it? That's 11 more years of struggling on my current income...

0 coins

Javier Cruz

•

This is one of the most important financial decisions you'll make. At 62, both your own benefit AND any ex-spouse benefit would be permanently reduced by about 30% compared to waiting until 67. Whether that's "worth it" depends on your health, other income sources, and how long you expect to live. The break-even point is typically around age 80 - if you live longer than that, waiting to claim generally pays off. But if you're really struggling financially now, taking reduced benefits early might be necessary. Have you looked into other programs that might help in the meantime?

0 coins

Amina Diallo

•

That's really helpful context, thank you. I'm in relatively good health, and longevity runs in my family (mom is 88). I might need to find better employment to bridge the gap. I didn't realize the reduction was so significant.

0 coins

Emma Wilson

•

Has anyone mentioned yet that her working now actually helps her future benefit? Each year of earnings that replaces a zero-earnings year (like during your homemaker years) in your 35-year calculation helps increase your eventual benefit. So even if you're making "pennies" as you say, it's still boosting your future SS check!

0 coins

Oliver Schulz

•

Absolutely right! And to add to this - you might want to look into whether you could increase your earnings somehow, even modestly. A jump from say $20K to $30K per year, maintained for several years, can make a noticeable difference in your eventual benefit calculation. Every dollar of reported earnings helps when it's replacing zeros in the calculation.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,742 users helped today