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
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Pamela
Hello – I was married for 16 years and have been divorced for 18 years. I have not remarried. I was receiving a percentage of my-ex’s pension as declared in the divorce decree, but when he retired and started receiving SS benefits the amount of his pension I was receiving was cut by 75%. What does the amount of his pension that I was awarded and that was agreed upon at the time of the divorce have to do with his SS benefits? Aren’t these separate items, you pay into your SS but the pension was through GM. I am 63 and he is 74.
R.F.
Hello Pamela. We can only provide information about Social Security programs. See “If You Are Divorced” for information on Social Security’s benefits for a divorced spouse.
Thanks!
Judy
My husband and I are both receiving SS and are retired. His SS is larger because he has always worked. If we divorce will I get some of his benefits?
R.F.
Hello Judy. Generally, when you apply for Social Security benefits, during the initial interview, we explore for other possible eligibility that can pay you a higher benefit amount. Meaning that if you were eligible for a higher benefit on your husband’s record we would have established “dual-entitlement” then.
Remember that if you are eligible for both your own retirement benefit and benefits as a spouse or as a divorced spouse, we always pay your own benefits first.
If your benefit as a spouse or divorced spouse is higher than your own retirement benefit, you will get a combination of benefits equaling the higher divorced spouse benefit.
Your benefit as a spouse or divorced spouse can ONLY be equal to one-half of your husband’s full retirement amount only if you start receiving benefits at your full retirement age.
Also, if a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. These reduction factors are permanently applied to all of the benefits the person may qualify for.
See “Benefits For Your Family” for more information.
Please call our toll free telephone number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Thanks!
beverly B.
only married nine years so I guess I don’t qualify for survivor benefits.
R.F.
Hello Beverly. If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more.
See our Benefits Planner: Survivors | If You Are The Survivor for more information.
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Dorothy R.
I have been married for 36 years to my now deceased husband Iam 55 years old he was married to someone else about 40 years ago for only 3 years is there anyway I can get my husbands social security and can she drawl his social security
R.F.
Hi Dorothy, as a widow of a person who worked long enough under Social Security, you may be eligible for benefits at age 60 (age 50 if disabled).
A “surviving divorced spouse” could get benefits just the same as a widow or widower, provided that the marriage lasted 10 years or more. Thanks!
Suzanne
His ssn
R.F.
Hello Suzanne. One of our representatives should be able to help you gather the information needed to apply for benefits on your ex-spouse’s record. Call us at 1-800-772-1213 (TTY 1-800-325-0778) Monday through Friday, between 7 a.m. and 7 p.m. Or visit your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to apply.
Please visit our web page “If You’re Divorced” for more information on your eligibility requirements. Thanks!
Suzanne
I want to apply for SSI from my ex husband. We were married 15 years. I am the first wife. However I do not have his son, what can I do?
Carol T.
I am divorced after 18 years of marriage- not remarried
My divorced husband worked in US for 2 years
Am I entitled to divorced spousal benefits?
R.F.
Thank you for your question, Carol. In order to receive “divorced spouse’s benefits” on your ex-husband’s record, he must getting, or must be eligible for, retirement or disability benefits.
Generally, a person will need to have 40 credits or 10 years of work paying Social Security taxes, to be eligible and to qualify for any type of Social Security benefit.
See Retirement Planner: Benefits For Your Spouse for more information.
Maria F.
I would like to know if I can receive any social security
From my husband if he dies we been married for 2 years.
He is divorce from his first wife,and he receives a pension from the army, which he had too divided when he got divided from his first wife.
Do I have any right to receive Any thing from his pension.
Thank you.
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