When you go through a divorce, you may think “great. now she’s out of my life”. But did you know your ex can claim your social security? If you were married for at least 10 years and she doesn’t remarry, she can choose to take your social security benefits when she becomes eligible for retirement. The same goes for you as well. If you didn’t earn as much as she did, you may choose to take her benefits – as long as you don’t remarry, have been divorced for 2 years, or are already taking social security. That’s how family benefits work.

Keep in mind, your ex will only be able to claim up to 50% of your full retirement benefit based on your work records, and your benefit amount will not be reduced. She cannot receive both her benefits plus yours. She would get her benefits first plus an additional amount to total the 50% value of your benefits. She may even be able to get Medicare or Disability benefits based on your work record. Once again, the same would be true for you as well. 

If you were to remarry, both your current wife and your ex-wife can claim your benefits. Their benefits would increase to 100% after your death. There is a family maximum benefit that is calculated based on a worker’s Primary Insurance Amount. Yet your ex-spouse’s benefits won’t count towards that total. If all of this sounds confusing, don’t worry. The Social Security Administration will help you navigate the program by phone or in-person and answer any questions you may have. The bottom line – Yes, your ex can claim your social security benefits. Yet if you once loved her enough to marry her, you should want her to have a comfortable retirement and vice versa!