Divorce can raise numerous financial questions, particularly when it comes to long-term benefits, such as Social Security. One of the most common questions we hear is, If my ex-husband remarried, can I get his Social Security? For many divorced spouses in Arizona, the answer depends on your own marital status, your age, and how long you were married. At Bishop Del Vecchio & Beeks Law Office, P.C., we help clients understand their rights and financial options following divorce, including matters related to Social Security benefits.

Understanding Social Security Rules for Divorced Spouses in Arizona

The Social Security Administration (SSA) provides specific rules that allow divorced spouses to receive benefits based on their ex-spouse’s work record. These rules exist to ensure that long-term spouses who may have spent years supporting a household still receive financial protection later in life. According to SSA guidelines, a divorced person may collect benefits on their former spouse’s record if specific requirements are met. Importantly, this can apply even after your ex has remarried.

Eligibility Requirements When Your Ex-Spouse Has Remarried

Your ex-husband’s remarriage does not automatically disqualify you from receiving benefits. What matters is whether you remain unmarried. You may qualify for benefits on your ex-spouse’s record if:

Your marriage lasted at least 10 years.
You are currently unmarried.
You are at least 62 years old.
Your ex-spouse is eligible for Social Security retirement or disability benefits.

If you meet these conditions, you can receive divorced spouse benefits even if your ex-husband has remarried and his current spouse is also receiving benefits based on his record. The amount you receive does not reduce or affect what his current spouse receives.

How Remarriage Affects Your Right to Social Security Benefits

Your own remarriage is what determines your eligibility, not your ex-husband’s. If you remarry, you typically cannot collect benefits based on your ex’s record unless your later marriage ends through death, divorce, or annulment. However, if you remain unmarried after your divorce, you can still claim benefits once you meet the SSA’s requirements. The SSA ensures that benefits are fairly distributed without penalizing either spouse. Each eligible person receives benefits based on their own independent earnings record. This means your benefits will not reduce your ex-husband’s or his new spouse’s payments.

Exceptions That Allow Divorced Spouses to Still Qualify

There are some exceptions that can still make you eligible even if specific life changes occur. For instance, if you remarry after age 60 (or after age 50 if you are disabled), you may still qualify for survivor benefits on your ex-spouse’s record. These exceptions recognize that older divorced individuals often rely on this income for stability in retirement. In addition, your ex-husband’s remarriage will never affect your entitlement to benefits as long as your own marital status meets the SSA’s conditions. The key factors remain the duration of your marriage and your current marital situation. Data from the Social Security Administration shows that divorced spousal benefits are a significant part of retirement income for many Americans, particularly women.

How to Apply for Divorced Spouse Benefits

To apply, you can contact your local Social Security office or apply online. You will need documents such as your marriage certificate, divorce decree, and, if available, your ex-spouse’s Social Security number. The SSA will verify your eligibility and calculate your benefit amount based on your ex’s earnings record. When applying, keep in mind that divorced spouse benefits are generally up to 50% of your ex’s full retirement amount. If you qualify for your own retirement benefits, the SSA will pay whichever amount is higher, not both. Applications can typically be processed even if your ex-husband hasn’t applied for his own benefits yet, provided he is eligible.

Talk to an Arizona Family Law Attorney

Navigating financial matters after divorce can feel overwhelming, especially when both federal and state rules come into play. Your ex-husband’s remarriage will not affect your eligibility for Social Security benefits based on his record. What truly matters is your own marital status. If you remain unmarried, you may still qualify for spousal or survivor benefits, provided you meet key criteria such as being married for at least ten years and being at least sixty-two years old. At Bishop Del Vecchio & Beeks Law Office, P.C., we assist Arizona clients in navigating every stage of divorce and post-divorce financial planning, including Social Security benefits and retirement planning considerations. Our team is dedicated to guiding you toward informed, confident decisions about your future. For personalized assistance, contact us today at (602) 878-3133.

Allyson Del Vecchio & Tawnia R. Wienke

Allyson Del Vecchio is licensed in Arizona and Connecticut with broad experience in complex family law, high-net-worth cases, and juvenile matters. A former managing attorney and active legal community member, Allyson brings deep expertise and leadership to every case.

Tawnia R. Wienke has over 14 years of experience in family law, with a strong background in civil litigation, tax, and bankruptcy. An Arizona native and award-winning advocate, she is dedicated to helping families and provides extensive pro bono service. Tawnia maintains her own practice while contracting with Bishop, Del Vecchio & Beeks.