Motley Fool Clarifies 3 Social Security Spousal Benefit Rules for 2026

Q: How can you claim Social Security from an ex-spouse without them ever being notified?

Yes. In most cases, you can claim Social Security divorced-spouse benefits on an ex-spouse’s earnings record without that person being notified. The Social Security Administration treats this as your own claim. Your ex-spouse’s permission is not required, and your filing does not reduce their retirement benefit or any benefit paid to a current spouse. Because the claim does not affect their payment, SSA generally does not notify them. To qualify, you typically must be at least 62, have been married to the ex-spouse for at least 10 years, be currently unmarried, and be entitled to less on your own work record than you would receive as a divorced spouse. If the divorce has been final for at least two years, your ex-spouse does not even need to have started collecting benefits yet; they only need to be eligible for them. You apply directly with SSA and provide documents such as your marriage certificate, divorce decree, and proof of identity. If you do not know your ex-spouse’s Social Security number, SSA can often locate the record using identifying details such as date of birth and parents’ names. One important caveat: searched guidance indicates SSA may send a notice in limited cases involving Supplemental Security Income. But for standard divorced-spouse retirement claims, the rule described in the news story holds: your ex is typically not told, and your claim does not affect their benefit.

2 articles · Updated · The Motley Fool · Jun 7

Only 46% of surveyed adults had heard of Social Security spousal benefits, prompting Motley Fool to outline three key 2026 rules for married and divorced couples.
Spouses can claim on a retired partner’s work record if they have been married at least one year, are 62 or older, and the worker is already receiving benefits.
50% is the maximum spousal benefit, but only if claimed at full retirement age 67 for people born in 1960 or later; claiming at 62 cuts that share to 32.5%, and waiting past FRA adds no delayed credits.
Divorced spouses can still claim on an ex-partner’s record if the marriage lasted 10 years, the divorce has lasted two years, and the claimant has not remarried.
Those divorced-spouse claims do not reduce the ex-partner’s benefit and do not trigger any notification, addressing a common source of confusion.