My Ex Remarried. Can I Still Claim Spousal Social Security Benefits on Their Work Record?

You had a plan. Once you were ready to apply for Social Security benefits, you’d claim on your ex’s work record. They earned a lot more than you throughout their career, so you’d be entitled to a spousal benefit that’s larger than your own retirement benefit.

But then your ex remarried. Suddenly, you’re not sure whether you’re even allowed to claim on your ex’s work record anymore. Fortunately, the law is pretty clear.

Your ex remarrying will not prohibit you from claiming Social Security on their work record, nor can your ex forbid you from claiming on their record. You and your ex’s new spouse can both receive spousal benefits at the same time.

However, there are two boxes you must check in order to be eligible for a benefit on your ex’s record. First, you and your ex must have been married for at least 10 years prior to divorcing. Ex-spousal benefits are not an option for shorter marriages.

Second, you must not have remarried. If you do, you will lose the ability to claim benefits on your ex’s record, though you will likely gain the ability to claim a spousal benefit on your new partner’s record.

One thing worth noting: If your ex hasn’t applied for Social Security by the time you’re ready to sign up, you must wait until you’ve been divorced for at least two years before you can apply for a spousal benefit. This is a little more flexible than the rule for currently married couples, which requires you to wait until your partner applies before you can claim a spousal benefit.

And, of course, you’re always free to claim your own retirement benefit once you’re at least 62. So you could start there and then switch to a spousal benefit if one becomes available to you down the line.