Social Security ex-spouse benefits from high-earner - is there a maximum benefit cap?
I'm trying to plan my retirement and will be eligible for ex-spouse benefits in about two years. My ex-husband has done extremely well financially (he's basically a millionaire now from a business I helped build in our early years together but got zero credit for after our divorce). I know I can claim on his record since we were married over 10 years, but I'm wondering if there's a cap or limit on how much I can receive? His earnings have been at or above the Social Security maximum for decades. Will I get 50% of his full benefit amount regardless of how high it is, or is there some kind of ceiling they impose? Also, is there any way to find out approximately how much I'll receive without contacting him? I'd rather not open that door again. Thanks for any guidance!
21 comments


Ethan Brown
There is indeed a maximum to what you can receive based on your ex-spouse's record. The most you can get is 50% of your ex's Primary Insurance Amount (PIA) at his Full Retirement Age (FRA), but only if you claim at your own FRA. If you claim earlier, your benefit will be reduced. Also important: if your own retirement benefit would be higher than the spousal benefit, Social Security will pay you your own benefit instead. They don't stack. Regarding finding out the amount without contacting him - yes, you can do this by calling Social Security directly. They can tell you what your spousal benefits would be without involving your ex at all. Your ex won't be notified when you file for benefits on his record.
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CosmicCrusader
•Thank you for explaining! So even though he's earning well above the Social Security wage base, there's still a limit to what I can receive. That makes sense. Do you know if I can make an appointment with Social Security now to get this information, or do I need to wait until I'm closer to retirement age?
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Yuki Yamamoto
I was in a similar situation with my ex. I found the easiest way to get accurate information was using Claimyr (claimyr.com) to reach a Social Security agent quickly. Normal wait times were 2+ hours when I called on my own, but with their service I got through in minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent was able to tell me exactly what my ex-spouse benefit would be without notifying my ex. They calculated everything based on his earnings record and gave me estimates for claiming at different ages. Really helped with my retirement planning!
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Carmen Ortiz
•did they require any info about ur ex when u called? i dont have my exs ssn or anything and we havent talked in years
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Andre Rousseau
To add to what others have said, the maximum Social Security retirement benefit for someone reaching FRA in 2025 is approximately $3,822 per month. So the maximum ex-spouse benefit would be around $1,911 (50% of that). But that's only if your ex consistently earned at or above the maximum taxable earnings limit for 35+ years AND you wait until your FRA to claim. One important thing: his current wealth doesn't matter for Social Security purposes - only his earnings that were subject to Social Security tax. If most of his wealth came from investments, business profits not taken as salary, or earnings above the SS wage base limit, those don't increase his SS benefit or yours.
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CosmicCrusader
•This is really helpful - I didn't realize his investment income and business profits wouldn't affect the Social Security calculation. That clarifies a lot. I'll definitely wait until my FRA to claim.
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Zoe Papadakis
The SSA DOESNT CARE that you helped build his business!!!!! This is why I tell everyone to NEVER sacrifice their own career. The system is BROKEN and you get NOTHING for your contribution to his success. I helped my ex build his medical practice for 15 years and what did I get? The bare minimum 50% of his SS and that's it. All those years I could have been building MY OWN career and MY OWN social security credits. Don't get me started!!!
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Jamal Carter
•Same story here! I worked behind the scenes in my ex's business for 12 yrs but was never on payroll. Wasn't till after divorce I realized I had those 'zero earning' years on my record. Now my benefit is tiny compared to what it should be!
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AstroAdventurer
Just to clarify something important - collecting on your ex's record has NO IMPACT on his benefits. Your ex will still receive his full retirement benefit. Some people think claiming on an ex's record reduces their benefit, but that's not true. Also, if your ex remarried, it doesn't affect your ability to claim on his record, and his current spouse can also claim spousal benefits without affecting yours.
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CosmicCrusader
•Oh that's good to know! I didn't realize it wouldn't affect his benefits at all. Not that I was concerned about his financial situation, but I was worried there might be some notification or impact that would bring this back into his awareness.
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Carmen Ortiz
im in same boat but confused about something... if i take my own ss at 62 can i switch to my exs later when it would be higher? or do i have to wait and only claim once?
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Ethan Brown
•For those born after January 1, 1954, you can't switch strategies like that anymore. When you file, you're deemed to be filing for all benefits you're eligible for, and SSA gives you the highest one. The only real exception is if you're a widow/widower, which has different rules than ex-spouse benefits.
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Jamal Carter
my neighbor works at SS office she says they only need your marriage certificate and divorce papers when you apply for ex benefits so get those ready before you go. and yes theres a cap my ex was high earner too but i still only get $1734 from his record because of the way SS calculates the max
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CosmicCrusader
•Thanks for the tip about the documents! I'll have to dig through some old files to find those. Been a long time since I needed my divorce papers for anything.
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Ethan Brown
One more thing to consider: if you've worked enough to qualify for your own Social Security benefits, you should check if the Government Pension Offset (GPO) or Windfall Elimination Provision (WEP) might affect you. These can reduce benefits if you receive a pension from work not covered by Social Security. Given your question, this probably doesn't apply, but it's good to be aware of.
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Zoe Papadakis
•Those WEP/GPO rules are ANOTHER way the system is RIGGED against people! My sister lost HALF her spousal benefit because she worked as a teacher for 20 years in a state that didn't pay into SS. It's CRIMINAL how they treat people!
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Andre Rousseau
To respond to your question about making an appointment - yes, you can schedule a phone appointment with SSA now to get benefit estimates, even if you're two years away from eligibility. When you call, specifically ask for an appointment to discuss ex-spouse benefits. Having an appointment is much better than trying to get this information during a regular call, as the representative will have time to pull all relevant records before speaking with you.
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Yuki Yamamoto
•And if you have trouble getting through to schedule that appointment, that's exactly where Claimyr helps. I spent days trying to get through on my own before using their service. The peace of mind from having accurate numbers for retirement planning was worth it.
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Liam Fitzgerald
As someone who's been through this process, I wanted to add that you should also be aware of the timing considerations. If you're planning to claim ex-spouse benefits at your FRA (which sounds smart based on the advice here), make sure you apply about 3-4 months before you want your benefits to start. The application process can take some time, and you don't want any delays in receiving your first payment. Also, regarding finding out your benefit amount - in addition to calling SSA directly, you can create a my Social Security account online at ssa.gov. While it won't show your ex-spouse benefit estimate initially, once you're within a few months of eligibility, you can use their online benefit calculators and retirement estimator tools. Just another option to consider alongside calling them directly. The key takeaway from everyone's responses is that yes, there are caps, but they're based on the maximum possible Social Security benefit, not arbitrary limits. Your ex's wealth beyond his Social Security-covered earnings won't help you, but if he consistently maxed out his SS contributions, you could still receive a decent benefit at 50% of his PIA.
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Laila Prince
•This is really comprehensive advice, thank you! I hadn't thought about applying 3-4 months early - that's a great tip. I'll definitely look into creating that online account too. It sounds like between calling SSA directly and using the online tools, I should be able to get a pretty good estimate without any awkward conversations with my ex. The timing aspect is especially helpful since I want to make sure everything goes smoothly when I'm ready to claim.
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Carmen Sanchez
I went through this exact situation about 3 years ago! A few additional points that might help: First, when you do call SSA, ask them to run scenarios for claiming at different ages (62, FRA, 70) so you can see how the timing affects your benefit amount. The reduction for early claiming on ex-spouse benefits is permanent, so it's worth seeing the numbers. Second, keep in mind that if you're still working when you claim before FRA, the earnings test might reduce your benefits temporarily. But this doesn't apply once you reach FRA. One thing that surprised me was that SSA was actually very helpful and discreet about the whole process. The representative I spoke with explained everything clearly and assured me multiple times that my ex would have no knowledge of my inquiry or eventual claim. It really put my mind at ease about the privacy aspect. Also, make sure to ask about Medicare coordination when you're getting close to 65, as that's a separate but related consideration for your overall retirement planning.
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