Ex-Spouse Benefits And How They Affect You
Reading Time: 2 MinutesLast Updated: February 15, 2018
Just like during tax season, it’s good to have all the information you need early so you can prepare and get any money you are due.
If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death. Also, if you’re entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse’s work. In other words, we’ll pay the higher of the two benefits for which you’re eligible, but not both.
You can apply for benefits on your former spouse’s record even if he or she hasn’t retired, as long as you divorced at least two years before applying. If, however, you decide to wait until full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse’s full retirement amount or disability benefit. The same rules apply for a deceased former spouse.
The amount of benefits you get has no effect on the benefits of your ex-spouse and his or her current spouse. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse. Our benefits planner gives you an idea of your monthly benefit amount. If your ex-spouse died after you divorced, you may still quality for widow’s benefits. You’ll find information about that in a note at the bottom of the website.
Visit Retirement Planner: If You Are Divorced today to learn whether you’re eligible for benefits on your ex-spouse’s record. That could mean a considerable amount of monthly income. What you learn may bring a smile to your face … even on tax day!
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About the Author
Jim Borland, Acting Deputy Commissioner for Communications
Jim Borland, Acting Deputy Commissioner for Communications
Comments
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C D.
All this time, I thought I had to wait until he was retired!! I will be 62 this year; he is only 58. I will take a trip to the SS office to check possibilities. Thanks so much for this article and
Ray F.
Hello, you may be able to receive benefits on your ex-spouse’s record, at age 62, if your ex-spouse is entitled to Social Security retirement or disability benefits.
If your ex-spouse does not apply for retirement benefits, but can qualify for them (when he is at least age 62), you can receive benefits on his or her record if you have been divorced for at least two years. For more information and to see other eligibility requirements, please visit our Retirement Planner: If You Are Divorced. Thanks!
Alice
Legally separated for albout 20 years. He passed away this January. I have been collecting SS for 4 Years now, is there $ I am eligible for? I’m collecting SS under my SS number siincei worked for 40 years. My benefits may be higher but I’m not sure.
Ray F.
Hi Alice, you can ask us to review your record. To see if you are eligible for a higher benefit amount than what you’re receiving now, you will need to speak to a Social Security Representative. You can call our toll free number at 1-800-772-1213 and ask one of our agents to assist you. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or you can contact your local Social Security office directly.
We hope this information helps!
Barbara
Thank you very much for the information.
emmie
If a widow collects spousal benefits and she continues to work, will her SS benefits increase if her earnings record exceeds his? Does she need to reapply for her own benefits to receive the higher amount? And how can she ascertain if this increase might be imminent?
Ray F.
Hi Emmie, if you receive survivors benefits, additional earnings could help make your retirement benefit higher than your current survivors benefit. Visit our Retirement Planner: Getting Benefits While Working for more information.
To see if you qualify for a higher benefit than what you’re getting now, you can call our toll free number at 1-800-772-1213 and ask one of our agents to assist you.
Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Rose
Can you find out when you ex-spouse files for benefits? Alimony can be adjusted based on the ex-spouse’s higher income but only by taking them back to court. How do you know when you can take them back to court? Believe me when I say the ex will NOT vounteer this info because they will want the full alimony & increased in spousal benefit.
Walt
SSA should not be disclosing if your ex has filed for benefits. Hire a lawyer if needed to get the ex to live up to the terms of your divorce decree…
David i.
I was told when I visited the SS office I was not eligible to collect on an ex-wife’s SS, now 30 or so years later I read stuff like this. I might have been able all these years to have had a little more income, but might have missed out because someone was either to lazy to process the account or lacked the information to do so.
brian w.
what do u expect from this crap excuse for a country?
David
You should find a better one to go to.
Snarky
30 years ago you probably were not old enough or your payment on your own record was higher so you were not eligible then and I doubt you are now. Reread the article. You did not miss out due to someone else being lazy.
Lois B.
That is why you should always receive something in writing, ask for a copy highlighted of where the information was retrieved and then ask for a supervisor! It is better to be safe then sorry. Also, SS does not pay retroactively.
Sorry you had to find out after all these years.
Wendolyn E.
How can I get my husband retirement benefits if he die
Ray F.
Hello Wendolyn, please visit our Survivors Planner: If You Are The Worker’s Widow Or Widower for information on this topic.
Snarky
When you file for the lump sum death benefit of $255.00 they will go over that with you.
Silvia S.
If my x husband dies & we were married for 11years& I never remarried do I get Half of the Social Security
Ann C.
Hi, Silvia. Thanks for your question. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, and you cannot be eligible for a higher benefit on your own record. For more information on how to qualify for divorced spouse benefits, visit our Benefits Planner: If You Are Divorced. We hope this helps.
Brenda P.
I have Been divorced for 20 years have not remarried am 75 years old. Former spouse is and has Been on disability sincex1998 . how would I go about seeing if I qualify for.
Ray F.
Thank you for your question, Brenda. Generally, during your initial interview to apply for Social Security benefits, we typically explore other possible eligibility that could yield you a higher benefit amount. Our web page “If You’re Divorced” explains how you can receive benefits on your divorced spouse’s record.
To find out if you are eligible for a higher benefit and to discuss your options, contact us at 1-800-772-1213 Monday through Friday, between 7 a.m. and 7 p.m. Or visit your local Social security office. Thanks!
Dwight D.
if the divorce agreement states that no spousal support to either party – does that remove benefits to the other spouse – so can my ex claim these benefits ?
Snarky
Reread the article about SS not private pensions.
Ray F.
Thank you for your question, Dwight. Generally, Social Security benefits are Federal benefits and are not subject to division in state courts. If the marriage lasted 10 years or longer, your ex-spouse may be eligible to receive benefits on your record at age 62 or older.
See our Retirement Planner: Benefits For Your Divorced Spouse for other eligibility requirements and more detailed information.
Donene M.
i divorced him in 1989 and the divorce decree said
we do not share our retirement. does that mean he
cannot get any of my benefits
Snarky
The decree does not apply to Social Security, only private pension plans.
Lupe S.
We were common law and only field 3 income tax do I still qualify