If my ex husband remarried can I get his Social Security

If My Ex-Husband Remarries, Can I Get His Social Security?

5 Mins Read May, 05 2025 Posted by Ankita Tripathy

If my ex husband remarried can I get his social security?

That’s a question many women wonder about after their divorce —especially if they were in the marriage for many years and are now facing retirement.

You might be worried that because your ex has a new spouse, you’ll be left out when it comes to benefits.

The good news? The Social Security rules might surprise you.

In this article, I will break everything down in the easiest way possible—no legal jargon, no confusion.

Additionally, I plan to explain what Social Security is, how it works, and most importantly, how you can still get benefits from your ex-husband’s Social Security—even if he’s remarried. 

So, if you want to know what your rights are, please keep reading till the end…

What is Social Security?

What is Social Security

Social Security is like a safety net that helps people with money when they are older, sick, or can’t work anymore.

It’s run by the U.S. government. When someone works and pays taxes, some of that money goes into Social Security.

Later in life, they can get some of that money back every month. This is called their Social Security benefits.

But here’s the good part: not only the worker gets these benefits. Sometimes, their family members—like a spouse or even an ex-spouse—can get some of the benefits too.

That’s where your question comes in: if your ex-husband has remarried, can you still get part of his Social Security?

Let’s dig deeper and find out.

How Does Social Security Work?

Imagine your job is like a piggy bank. Every time you work, you drop a few coins in a big “Social Security” bank.

When you turn a certain age (usually around 62 or older), the government starts giving you coins back every month—like a thank-you gift for working hard.

You need to work for at least 10 years to earn enough “credits” to qualify for Social Security. But even if you didn’t work that long, you might still get benefits from your spouse’s work history—yes, even if you’re divorced!

Why is Social Security Important?

Social Security helps people live better when they’re no longer working. Many older people use these monthly payments to pay their bills, buy groceries, and live comfortably.

For divorced people, it can be especially helpful. If you stayed at home, took care of the family, or didn’t earn much, getting Social Security from your ex-husband’s record can give you the support you need.

So, if you’ve ever wondered whether your ex’s new marriage cuts you off—let’s clear that up next.

If My Ex Husband Remarried Can I Get His Social Security?

Ex Husband Remarried Can I Get His Social Security

Yes, you can still get Social Security benefits from your ex-husband—even if he’s remarried.

The government understands that just because a marriage ends, it doesn’t mean you didn’t contribute to your husband’s life and career during your years together.

That’s why they allow certain divorced spouses to get benefits based on their ex-husband’s work record.

Here’s the key: your ex-husband’s new wife won’t take your piece of the pie. Social Security doesn’t reduce her benefits or yours.

You both can receive benefits from his record, and neither of you loses out. It’s not about sharing or splitting—it’s about what you’re each entitled to.

Let’s look at how you can qualify and how much you can actually get.

How Can You Qualify for Ex-Husband’s Social Security?

To get benefits from your ex-husband’s Social Security record, you need to meet a few simple rules:

  1. You were married to him for at least 10 years. If you were only married for 5 or 8 years, sadly, you won’t qualify.
  2. You are at least 62 years old. You can start receiving benefits at 62, but the amount will be lower than if you wait until your “full retirement age” (usually around 66 or 67).
  3. You’re not currently married. If you remarry after the divorce, you usually can’t get your ex-husband’s benefits (unless your later marriage ended too—by divorce or death).
  4. Your ex-husband qualifies for Social Security. He needs to be eligible, even if he hasn’t started receiving benefits yet.
  5. Your own benefit is less than what you would get from his. Social Security gives you the higher amount between your own record or half of your ex’s record—not both.

If you meet all these points, congratulations! You’re eligible to get up to 50% of your ex-husband’s full retirement benefit.

How Much Can You Get as a Divorced Spouse?

The amount you can get depends on two things:

  • Your ex-husband’s benefit amount at full retirement age.
  • Your age when you start claiming.

If you claim at your full retirement age, you can receive 50% of his Social Security benefit. For example, if his benefit is $2,000 per month, you can get $1,000 per month.

If you start earlier, like at 62, you’ll get less. The government reduces your amount a bit because you’re taking benefits for a longer time.

And here’s something important: it doesn’t affect your ex-husband’s benefits at all. He will still get his full amount, and so will his new spouse if she qualifies. You’re not taking anything away from them.

Think of it like this: Social Security has enough cake for everyone who qualifies, and your slice doesn’t make theirs any smaller.

Your Exclusive Rights as a Divorced Wife Regarding Social Security

Even if your ex-husband has remarried, you still have the right to get Social Security from his record—as long as you were in the marriage for 10 years, haven’t remarried, and meet the age requirement.

You can get up to half of what he receives, and it doesn’t take anything away from his new wife.

Remember, this is a benefit you earn by marrying and supporting him during that time.

The law is here to protect people like you—divorced spouses who might need financial help during retirement.

So, if you’ve been asking, “If my ex husband remarried can I get his Social Security?”—the answer is a clear YES, you can.

Don’t let the new marriage confuse or scare you. Social Security has rules in place to make sure you get what you deserve.

If you’re still unsure about anything, you can always contact the Social Security office directly or speak to a legal expert to guide you better.

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Ankita Tripathy loves to write about food and the Hallyu Wave in particular. During her free time, she enjoys looking at the sky or reading books while sipping a cup of hot coffee. Her favourite niches are food, music, lifestyle, travel, and Korean Pop music and drama.

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