I Worked For My Ex-Husband But I Wasn't Paid And Now I Have Little Social Security, What Are My Options?

Full analysis

A 73-year-old divorced nurse is collecting only $773 a month in Social Security because her ex-husband paid her off the books for decades. Social Security advisor Rusty at the AMAC Foundation walks through the ex-spouse benefit she likely qualifies for and points her toward additional resources. The episode is brief and focused on one case, but the rules it covers apply to many divorced women in similar situations.

What was covered

• The listener's situation: A woman worked for 40 years in her ex-husband's chiropractic practice without being paid on the books. At 73, she receives only $773 a month in Social Security retirement benefits and is considering returning to work.
• Ex-spouse Social Security benefit: Because she was married more than 10 years, she is eligible to receive an ex-spousal benefit — up to 50% of what her ex-husband was entitled to at his own full retirement age (FRA). Her $773 would be supplemented by a "spousal boost" to bring her up to that 50% threshold, provided her own benefit is below it.
• Eligibility conditions for the ex-spouse benefit: Rusty explained that her ex-husband must either already be collecting his Social Security retirement benefit or be at least eligible to collect it, and that they must have been divorced for at least two years.
• Multiple ex-spouses don't block the benefit: If the ex-husband has remarried and his current wife receives a spousal benefit, the first ex-wife can still claim her ex-spouse benefit. It does not reduce what the new spouse receives.
• Survivor benefit if the ex-husband dies first: As a surviving ex-spouse, she would step up from 50% of his FRA benefit to 100% of whatever he was actually receiving at his death.
• Working at 73 does not reduce Social Security: Rusty noted she can return to the workforce without any penalty to her benefits — the earnings test only applies before full retirement age.
• BenefitsCheckup.org: Rusty recommended the National Council on Aging's website (benefitscheckup.org), where entering a ZIP code surfaces local programs for healthcare and medication assistance, housing, nutrition, and other supplemental aid.
• Proving unpaid work to Social Security is not possible: Social Security calculates benefits solely from earnings reported to the IRS. Rusty told her this is a legal matter — she would need to approach the IRS directly or hire an attorney to pursue any remedy for decades of unreported wages.

Notable claims & predictions

• Rusty: "Because they were married for more than 10 years, the ex-wife is entitled to the same Social Security benefits as though they were still married" — meaning the 50% ex-spousal benefit is equivalent to what a current spouse would receive.
• Rusty: If the ex-husband dies first, the surviving ex-wife receives "the same Social Security benefit he was receiving at his death instead of the smaller amount she will get as his ex-wife while they were both living" — a potentially significant income increase.
• Rusty: "Social Security cannot assist her with IRS matters" — her only path to credit for unpaid work is through the IRS or an attorney, not through SSA.
• Rusty: Returning to work at 73 will not negatively affect her Social Security benefits — the earnings test no longer applies once you have passed full retirement age.

Fact check

• The 10-year marriage rule for ex-spouse benefits is accurate and well-established under Social Security rules.
• The two-year divorce requirement is correctly stated: an ex-spouse can claim on a former spouse's record even if that spouse has not yet filed, but only after the divorce has been final for two years.
• The 50% FRA benchmark for ex-spousal benefits is correct. One important nuance Rusty did not spell out: the boost only brings her up to 50% of her ex-husband's FRA amount if her own benefit is less than that. If she already collects more than 50% on her own record, there would be no boost — but given her $773 figure this is unlikely to be an issue here.
• No earnings test after full retirement age is correct. At 73, she is well past FRA regardless of her birth year, so returning to work creates no Social Security reduction.
• Survivor benefit equaling 100% of the deceased ex-spouse's benefit is accurate for surviving ex-spouses who meet the eligibility criteria (married 10+ years, currently unmarried, or remarried after age 60).
• Social Security basing benefits solely on IRS-reported earnings is accurate. There is no mechanism inside SSA to credit wages that were never reported; the transcript's guidance to pursue this as a legal/IRS matter is sound.

No claims that fail scrutiny.

Why this matters for you

• If you were married 10 or more years and are now divorced, check whether an ex-spouse benefit could lift your monthly income. You do not need your ex's cooperation or knowledge to apply — contact SSA directly. The benefit does not reduce what your ex or his current spouse receives.
• If you are past full retirement age, you can work without any reduction in Social Security benefits. The earnings test that can temporarily reduce benefits for younger claimants does not apply at 73.
• If your ex-spouse dies, your benefit may increase substantially — from 50% of his FRA amount to 100% of what he was actually receiving. This is worth understanding in advance so you can file promptly when the time comes.
• BenefitsCheckup.org (National Council on Aging) is a legitimate, free tool worth bookmarking — especially if income is tight. Entering your ZIP code surfaces programs for prescription help, housing assistance, nutrition support, and more that many eligible people never claim.