Retirement

Ex-Spouse Benefits And How They Affect You

February 15, 2018 • By

Reading Time: 2 Minutes

Last Updated: February 15, 2018

two women and child smiling 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

  1. patricia b.

    i want to esxspose my ex husbasnd william allan Thompson

    Bill thompson

    Jamesw Edwin Justice II

    Neal oliver Barbeau.

    i want to ex spose JIm

    James

    was found to unfit to have more kids.

    Patricia Mollett thompson Justice Barbeau want to stop lieing I want to stop liers lies lieing I was abused molested raped and burned neglected untough by cathy ranne Love / Brown

    possbly name went to Mcormick.

    Since she married Ted Macormick.

    our mother never would get off the couch not even to teach angie eric Patricia how to raise infants babys teens humans cathy never would teach us how to take care of the we was molested raped neglected abused i was burned Patricia Gail mollett Thompson Justice Barbeau.

    Angela threatened to poke erica mollett our midle age sister in the eyes with a needle to oraly molest touch lick finger eat kiss.

    frwench kissed us made us oraly do her ted raped us molested us kissed us. grant touched us.

    girls wman touched us me. erica Mollett Patricia Mollett the keept takeing my close of and kept trying to take my close off.

    it fucked me up.

    in a searious way .

    Patricia gail Mollett thompson Justice saw angie tim try and burn my grandparents up by burning there garage.

    my nease head way bashed on a crib eric lous was talking about molesting he kids i think he did i know he toched them.

    his outr my kids was molested raped and abused im so so so sory.

    i could not stop him them Im so so so sorry .

    Patricia gail Mollett Thompson Justice barbeau

  2. Tamara S.

    I found this ite to be extremely helpful. I needed very specific information and found everything and more. I am a little confused about my work record and the amount of Social Security I will receive and would love to talk to someone.
    Thank You so very much!!
    Tamara Seurkamp

  3. Connie L.

    Years ago I read on the Social Security website that, as a divorced spouse, I could claim my spousal benefit if:

    “The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.”

    At 62, my benefit (if I applied for SS) would be more my ex-spouse’s benefit, so I didn’t apply for it. Now I understand that I could have, and am out many years’ of benefits. I’m now told I was entitled, but that I can only claim the last 6 months. I’m almost 70. Do I have a case for the SS Department misrepresenting the situation, causing me to miss out on years of benefits?

    • R.F.

      Hello Connie. Unfortunately, but for security reasons, we do not have access to personal records in this blog.
      Please continue working with your local office. You can request to speak with the manager to see how we can help to expedite resolution of your situation.
      If you are unable to visit the local office, you can call our toll free number at 1-800-772-1213, representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will have a shorter wait time if you call later during the day or later in the week. Thanks.

  4. Robin

    If an ex spouse remarries and is married for 10 years and then divorces, do they draw from their latest marriage due to 10 years of marriage or do they go back to the marriage before?
    Also are you able to know if an ex files a claim and claims to be unmarried in order to claim from their exes retirement but they are actually remarried?

    • R.F.

      Hi Robin. Generally, Social Security pays the highest benefit amount the claimant is eligible for. While is possible for a person to be eligible to more than one benefit at the same time, we are only going to pay the highest benefit amount from either records – meaning that you will only be allowed to receive one payment.
      Also, when you apply for Social Security benefits, we ask that you provide us with the information that may affect your eligibility for (higher) benefits.
      For further assistance, call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m.
      Thanks!

  5. Lawrence A.

    If my ex-spouse files a claim on my Social Security Benefits, will it reduce the amount I receive monthly? I am currently receiving benefits and am 66.

    • R.F.

      Thank you for your question, Lawrence. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.
      See Benefits For Your Divorced Spouse for more information.

  6. Mel

    When life comes with difficulties and you don’t run from it you face it. just as my instinct were right that shannon had a spell on my husband, so it was. i searched for help who told me everything and therefore have to perform a spell that brought my husband out of that evil bondage of that woman. now my home is restored. all thanks to Dr. Shola Zuma who helped me if you need help his address is 24hrslovespell@ gmail .com

  7. Brenda K.

    how do I find out my SSA benefits from my ex spouse? Married 16 yrs. and im not remarried. Divorced in 1996

    • A.C.

      Hello, Brenda. You may be able to receive benefits on your ex-spouse’s record at age 62 if:
      • You were married to your ex-spouse for at least 10 years;
      • You are unmarried;
      • Your ex-spouse is entitled to Social Security retirement or disability benefits and,
      • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
      For more information, please visit our Retirement Planner: If You Are Divorced.. For more information about your specific case, call our toll free number at 1-800-772-1213 (TTY: 1-800-325-0778). Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will have a shorter wait time if you call later in the day. Thanks.

  8. Denise K.

    I am on social security disability at 1054 per month. I am 65 yrs old. My ex-spouse is 66 and unsure if he has applied for benefits which would most likely be much more than I qualify for. Is there a way I could check on this? We were married 17 years, divorced in1997 and have a son in common. He is remarried and I am not. Please advise. Thank you.

  9. Patricia A.

    My ex-husband and I had been married for 12 yrs. And have been divorced for 22yrs. I will be turning 62 on Nov.19, 2018. He will only be turning 57 on Nov.22 2018. If I want to collect on his SSI at 62, how can I find out how much I will receive.

  10. Mary E.

    Retirement Planner

    I need to know what I can do to apply for my x-husbands social security benefits. My x-husband is now 88 years old. We were married 14 years. I have never remarried.
    Thanking you in advance for your consideration in this matter.

    • R.F.

      Hello Mary, you may be able to receive benefits on your ex-spouse’s record (even if he or she has remarried) if:
      • You were married to your ex-spouse for at least 10 years;
      • You are unmarried;
      • You are age 62 or older;
      • Your ex-spouse is entitled to Social Security retirement or disability benefits and,
      • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
      For more information, please visit our Retirement Planner: If You Are Divorced.
      Please call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local Social Security office directly. Thanks!

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