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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Libby
Libby.nichols
Libby
We have been divorced @ least 9 year nine years he got remarried this year after 27 years of marriage should I beable to receive his social security & and retirement
R.F.
Hello Libby, if you are divorced and your marriage lasted at least 10 years, you may be able to get benefits on your former spouse’s record. See If You Are Divorced for more information. Thanks!
Colleen O.
If I take my benefits of a divorced spouse at age 60 when my full retirement is 66 and my ex husband passes away are the payment recalculated to a widows benefit?
Deborah M.
They told me I can’t draw off my ex until HE retires or turns 66 and 2 months old. This site says otherwise. They told me if he passed, I can draw 100% of his death benefit until his (younger) wife comes of age and THEN it would drop but I would still get some amount
R.F.
Hello Deborah. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if they have remarried) if:
•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.
Yes, if your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on their record if you have been divorced for at least two years.
Please keep in mind that if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount.
To submit your comment, complaint or suggestion, you can write to us or send us an email message. Thanks!
R.F.
Hello Colleen. You may be eligible to receive benefits on your ex-spouse’s record at age 62, if your marriage lasted 10 years or longer. See “If You’re Divorced” for more eligibility information.
Generally, survivors benefits are paid at a higher rate. However, if a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. The reduction factors are permanently applied to all of the benefits the person may qualify for.
If you are receiving benefits as a divorced spouse, and your ex-husband dies, your benefit will automatically convert to survivors benefits after we receive your ex-husband’s report of death.
We hope this information helps!
Cathy A.
Roy Frazier passed away last night, *** – ** – *** is his ssa #.
Adele R.
I would like to know if I am eligible to receive benefits from my 2 ex-husbands socisl security they are both deceased.
R.F.
Great question, Adele. It is possible for a person to be eligible for benefits on multiple records. However, we are only going to pay the highest benefit amount you qualify for, from any of those records – meaning that you will only be allowed to receive one payment.
To learn more and to see if you meet the eligibility requirements needed to receive Surviving Divorced Spouses benefit go to our Benefits Planner for Survivors.
You cannot apply for survivors benefits online. If you need to apply for benefits, call 1-800-772-1213 (TTY 1-800-325-0778). You can speak to a Social Security representative between 7 a.m. and 7 p.m. Monday through Friday. You can also 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 speak to someone.
Thanks!
Cindi
I was married for 28 years and will be 62 in January 2019. I would like to know if I can collect on my ex husband’s SS at 62 and then collect on my own at 67. Thank you
R.F.
Thanks for your question, Cindi. If your birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If you file for one benefit, you will be effectively filing for all retirement or spousal benefits. See “If You’re Divorced” for more information. Thanks!
Brenda
Does the earning reduction also apply when claiming ex-spouse benefits after 65 ?
Lucina M.
I recently married (after a 35 year common law marriage)a retired gentleman who was married for 23 years and divorced for 20 years to his ex wife. At the moment he is terminally ill. I don’t know if he will hold out the required 9 months and 1 day for me to be eligible to receive ss benefits under his account. If it were possible, is there means of finding out if his former wife is actually receiving benefits under my husbands account. If so, and if the 9 months and 1 day were to pass before his departure, would I also receive benefits under his account?
Judy J.
My ex-husband and I lived together for the first four years before we married and we lived in Texas(common-law). The times were January 1977 and we married in September, 1981 and I divorced him in October 1987. He died last year and was married, but his wife about 6-7 years ago. I have not remarried this entire time and I was looking at getting ready to retire and had this question on my mind, is it possible to draw his social security. His name was Mose Edward Carter xxx-xx-0098 and I was Judy Faye Jones Carter, but I returned to my maiden name of Jones. Please advise. I do have records of the divorce decree and can obtain a copy of the marriage license. Thank you for your help.
Ken a.
I am to recieve former spouse’s social security because he made more money thna current spouse. Can I collect lesser amount of current spouse so his first wife will not collect my current husbands?
V.V.
Thank you for your question, Marge. Please see the eligibility for Social Security spouse’s benefits here. If you are divorced and currently unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed 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. Or contact your local office directly.
Deborah M.
I am 64, on SSDI and have been divorced from my ex of 25 years for 18 years The SS office told me I can NOT draw his now. They said I HAVE to wait until HE retires OR reaches age 66 and 2 months. It appears on this site that this is not true. WHY was I told this? I am not married, he is.