How much of my ex-spouse's Social Security can I draw?

You can draw up to 50% of your ex-spouse's full retirement benefit (Primary Insurance Amount) if you claim at your full retirement age.

✅ Eligibility Rules

• Marriage length: You must have been married to your ex-spouse for at least 10 consecutive years.
• Marital status: You must currently be unmarried.
• Age: You must be at least 62 years old.
• Divorce timing: Your divorce must have been finalized for at least 2 years, unless your ex-spouse is already collecting their retirement benefits.
• Your own benefit: Your own Social Security retirement benefit must be less than what you would receive from your ex-spouse's record.

📉 Benefit Amount by Claiming Age

• At Full Retirement Age (67 for those born in 1960 or later): You get 50% of your ex-spouse's full benefit.
• At Age 62: You get a permanently reduced amount (about 32.5% of your ex-spouse's full benefit).
• Note: Delaying your claim past your full retirement age does not increase spousal benefits.

💡 Important Details

• No impact on your ex: Your payments do not reduce your ex-spouse's benefit or their current spouse's benefit.
• Confidentiality: The Social Security Administration does not notify your ex-spouse when you apply.
• If your ex passes away: You may be eligible for a survivor benefit of up to 100% of their benefit amount.

The famous Social Security spousal claiming loopholes—known as "file-and-suspend" and "restricted application"—were effectively eliminated by Congress under the Bipartisan Budget Act of 2015.

What the Old Loopholes Were

• File-and-Suspend: A higher earner would reach full retirement age, file for benefits to trigger spousal payouts for their partner, and then suspend their own benefit so it could grow by 8% per year up to age 70.
• Restricted Application: A person could file a restricted application to collect only spousal benefits while allowing their own personal retirement benefit to keep growing and accumulating delayed credits.

Current Rules

• Deemed Filing: Anyone born on or after January 2, 1954, is subject to "deemed filing" rules. When you apply for either your own retirement benefit or a spousal benefit, you are legally deemed to have applied for both. You only receive whichever benefit is higher, and you can no longer isolate one type of benefit while letting the other grow.
• Suspension Changes: Suspending your own retirement benefit now also suspends any spousal benefits tied to your record.

Exceptions That Still Exist

• Survivor Benefits: The rule changes do not apply to survivor benefits. A widow or widower can still take a survivor benefit first and let their own retirement benefit grow, or vice versa.
• Grandfathered Individuals: People born before January 2, 1954, retained a narrow window for restricted applications under the old deadlines, though that group has largely aged out.
• Caregiver Exception: Spouses under retirement age who care for a qualifying disabled child (whose disability began before age 22) may still be eligible for child-in-care spousal benefits.

To check the best claiming strategy for your specific situation, visit the official Social Security Administration Retirement Estimator tool.

You can get up to 50% of your living ex-husband’s Social Security retirement benefit, or up to 100% if he is deceased.

Rules for a Living Ex-Husband

If your ex-husband is still alive, the maximum spousal benefit you can receive is 50% of his primary insurance amount, provided you wait until your full retirement age to claim.

• Age: You must be at least 62 years old.
• Marriage Length: Your marriage must have lasted for 10 consecutive years or longer.
• Marital Status: You must currently be unmarried.
• Claiming Age: Claiming before your full retirement age permanently reduces the amount down to a minimum of 32.5%.
• Learn more details directly from the Social Security Administration Divorced Spouse Guide.

Rules for a Deceased Ex-Husband (Survivor Benefits)

If your ex-husband is deceased, you can receive up to 100% of his Social Security benefit.

• Age: You can begin collecting survivor benefits as early as age 60 (or age 50 if you are disabled).
• Full Benefit: You receive 100% of his benefit only if you wait until your own full retirement age to claim.
• Remarriage: If you remarry after age 60, you can still collect on your deceased ex-husband's record.

Yes, a full-time housewife or stay-at-home spouse can collect Social Security retirement benefits based on the working partner’s earnings record.

Basic Requirements for Spousal Benefits

• Age: You must be at least 62 years old to claim early, or any age if you are caring for a qualifying child who is under 16 or has a disability.
• Marriage duration: You generally must have been married for at least one year.
• Working spouse's status: Your husband or wife must already be receiving their own Social Security retirement or disability benefits.

Benefit Amounts

• At Full Retirement Age (FRA): If you wait until your full retirement age (which is 67 for those born in 1960 or later), you can receive up to 50% of your working spouse's full retirement benefit.
• Before Full Retirement Age: If you start collecting at age 62, the amount is permanently reduced to about 32.5% of your spouse's full benefit.
• Spousal limits: Spousal benefits do not increase if you wait past your full retirement age, so there is no financial benefit to delaying past FRA.

If You Are Divorced or Widowed

• Divorced homemakers: If you were married for at least 10 years and are currently unmarried, you can collect up to 50% of your ex-spouse's benefit. Your ex-spouse does not need to be retired yet, as long as you have been divorced for at least two years.
• Widows: If your spouse passes away, you can upgrade to survivor benefits, which can be up to 100% of your deceased spouse's benefit.

The maximum Social Security spousal benefit is 50% of the higher-earning spouse's benefit amount calculated at their Full Retirement Age (FRA).

However, the exact amount you receive depends heavily on your age when you claim the benefit.

How the Benefit is Calculated

The Social Security Administration (SSA) calculates your spousal benefit based on your spouse's "Primary Insurance Amount" (their base monthly benefit at FRA).

• If you wait until your FRA (which is age 67 for anyone born in 1960 or later), you will receive the full 50% of their FRA benefit.
• If you claim early at age 62 (the earliest possible age), your benefit will be permanently reduced to about 32.5% to 35% of their FRA benefit.
• If you wait past your FRA, the spousal benefit does not increase. Delayed retirement credits only apply to your own personal work record, not spousal benefits.

Important Rules to Keep in Mind

• Your Own Work Record Comes First: Under the "deemed filing" rule, you cannot choose to collect only a spousal benefit. The SSA will first pay out your own retirement benefit. If your spousal benefit is higher, they will add a "top-off" supplement to match the spousal amount. If your own benefit is already higher, you will not receive a spousal benefit.
• Your Spouse Must File First: In most cases, you cannot collect a spousal benefit until the primary worker has already filed and started receiving their own retirement benefits. (Note: This rule does not apply if you are divorced and have been split for at least two consecutive years).
• Ceiling Cap: In 2026, the absolute maximum spousal benefit is capped at $2,076 per month. To get this amount, your spouse must have been a maximum-wage earner for at least 35 years and you must wait until your own FRA to apply.

To see your personalized figures, you can estimate your exact payouts using the SSA Retirement Calculator. If your spouse has passed away, different rules apply; you can review the SSA Survivor Benefits Guide to estimate potential checks of up to 100% of their benefit.