What is the maximum percentage that an ex-spouse can receive as a spousal benefit?

Asked by: Dr. Wilbert Graham  |  Last update: August 16, 2025
Score: 4.9/5 (67 votes)

However, your maximum spouse's benefit remains 50% of their full retirement age benefit, not their higher amount including delayed retirement credits. (Your benefit as a surviving spouse would be based on the higher amount.)

What is the maximum Social Security benefit for a divorced spouse?

With Social Security, the longer you wait to claim, the larger the amount of monthly payments you'll generally receive on your own work record. However, your benefit as an ex-spouse will not get any larger than half your ex's PIA.

What percentage of my ex-husband's Social Security will I get?

If you are age 62 or older and were married to your ex for at least 10 years, you may be able to collect monthly payments equivalent to about one-third to one-half of your former spouse's Social Security benefit, as calculated from their lifetime earnings history.

Can a divorced spouse claim spousal benefits?

If you're divorced and haven't remarried, you may be eligible to receive Social Security benefits based on your former spouse's work record. To apply for divorced spouse benefits, you'll need to provide proof of your marriage and divorce, as well as your ex-spouse's Social Security number.

What is an ex-wife entitled to when her ex-husband dies?

Social Security rules allow a qualifying former spouse to claim benefits based on the work history of a higher-earning ex. These benefits are worth up to 50% of that former spouse's Social Security benefit at full retirement age. However, if that former spouse dies, the benefit's value is worth up to 100%.

Social Security Divorce Benefits MADE EASY

33 related questions found

Can an ex-wife collect her ex-husband's Social Security when he dies?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

Is an ex wife entitled to her ex husband's pension?

Bottom Line. When facing a divorce, your spouse will generally be entitled to some of your pension. However, how much your spouse will receive varies, as the laws governing pensions in divorce settlements vary by state.

What are the rules for spousal benefits?

You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's benefits. Widows and widowers can receive up to 100%.

Can I stop my ex-wife from getting my Social Security benefits?

In your divorce agreement you may have given up the right to his retirement account from his work, but you can never give up the right to draw Social Security. Remember, drawing a Spousal benefit won't reduce the amount your ex spouse can get!

What is the Social Security spousal benefits loophole?

The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.

Why do I only get half of my ex husband's Social Security?

The 10 Year Rule. You must have been married to your ex for at least 10 years if you want to claim their Social Security benefits. If you were married and divorced more than once, and each marriage lasted the required 10 years, you are entitled to the higher of the two benefits. You can't claim both.

What are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • No. 1: Keep working while taking benefits early. ...
  • No. 2: Be a substantially lower-earning spouse. ...
  • No. 3: Be alive in 2034. ...
  • Social Security still provides an important foundation for retirement.

How do I get the $16728 Social Security bonus?

Specifically, a rumored $16,728 bonus that had people wondering if it was true or not in 2024? Sadly, there's no real “bonus” that retirees who receive Social Security can collect.

How do I find out my ex-spouse's Social Security benefit amount?

A representative at your local Social Security office can provide estimates of the benefit you can receive as a divorced spouse, based on your former wife's or husband's earnings record. Call your local office or Social Security's national customer service line (800-772-1213) to make an appointment.

Is there a cap on spousal Social Security benefits?

3 The maximum spousal benefit is 50% of your spouse's FRA benefit if you claim at your FRA. 3 If you receive a spousal benefit before you reach FRA, it will be reduced and will not increase when you reach FRA.

Does my ex-wife still get half of my retirement if she remarries?

Bottom Line. Getting remarried will not affect your accrued retirement or disability benefits under Social Security. However, if you receive divorce of survivor's benefits, there is a good chance that remarriage will affect those payments.

What percentage of Social Security benefits do divorced spouses get?

If an ex-husband is alive when a woman claims Social Security benefits on his earnings record, the auxiliary benefit (also known as divorced-spouse benefit) is effectively equal to one-half of the ex-husband's PIA .

What is the 10 year rule for Social Security?

If you've worked and paid taxes into the Social Security system for at least 10 years and have earned a minimum of 40 work credits, you can collect your own benefits as early as age 62.

Can a divorced woman collect her ex-husband's Social Security?

You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.

When can an ex spouse claim spousal benefits?

To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death.

Can you be denied spousal benefits?

However, if the wage earner lives or lived in a state that does not recognize your legal relationship (marriage, civil union, registered domestic partnership), you will likely be denied benefits if you apply.

What is the average spousal benefit?

Whether you're married or divorced, you may be eligible for monthly retirement income because of a change to the Social Security Act that added benefits for retirees' spouses in 1939.1 More than eight decades later, about 1.9 million people receive an average monthly spousal benefit of $887.

Can I stop my ex-wife from getting my retirement?

There's nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse's benefits, the Social Security Administration says these provisions “are worthless and are never enforced.”

What percentage of pension does a spouse get?

While ERISA requires a plan to have a spouse annuity which pays at least 50 percent of the retiree's pension, other percentages also may be avail- able.

Can two wives collect social security from one husband?

Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.