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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Judith K.
My husbands first wife received benefits from my husbands ss and she has passed away. I collect my husbands ss, can I also collect the ss funds his first wife received?
R.F.
Hi Judith. No, the benefits the “first wife” received, are part of the benefit that can be paid to eligible family member on your husband’s record. There’s a limit to the amount that family members can receive each month. See Family Maximum Benefit for more information. Thanks!
Sheri P.
what if the ex husband has not been filing his taxes for the last 10 years?
R.F.
Hi Sheri, if your question is related to income tax, you will need to contact the Internal Revenue Service (IRS). Their toll-free number is 1-800-829-1040.
To qualify for each type of Social Security benefits, most people will need 40 credits. Generally, attained when you work and pay Social Security taxes for 10 years.
Terri (.
How can I find out how much my Ex husband will be getting at full retirement so i will know what 1/2 of that is for me to get at 62?
R.F.
Hello Terri. Your benefit as a divorced spouse can be equal to one-half of your ex-spouse’s full retirement amount -ONLY- if you start receiving benefits at your full retirement age.
Also, 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.
Social Security records are confidential and that we do not disclose information about any individual to other agencies or private companies, unless we have proper authorization or consent. However, 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. We hope this information helps!
Carolyn R.
Can I receive my SS benefits along with ex deceased husbands benefits?
V.V.
Hello Carolyn, thank you for your question. If you’re already receiving retirement benefits, you would only apply for benefits as a surviving divorced spouse if your retirement benefit is less than the benefit you would receive as a survivor. You cannot receive both at the same time. To inquire about receiving a higher benefit and your options on switching, please call our toll-free number at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday between 7 a.m. and 7 p.m. to speak to one of our representatives. For more information, please visit our “Surviving Divorced Spouse” page. We hope this helps.
Jacqui B.
I currently draw SSDI on my own work record. I will be 62 years old in a couple of years. My ex and I were married for 13 years. He is 66 currently drawing full retirement benefits. When I turn 62 I would like to draw his benefit. Will I only get half? If he collects 2000 dollars does that mean I only collect 1000 dollars?
R.F.
Hello Jacqui. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record 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.
Your benefit as a divorced spouse can be equal to one-half of your ex-spouse’s full retirement amount –only– if you start receiving benefits at your full retirement age.
You may still be eligible to collect reduced benefits on your ex-spouse’s record at age 62. Remember, if someone is eligible for both, his or her own benefit and for benefits as a spouse, we always pay their own first. If their spousal benefits are higher than their own retirement benefits, he or she will get a combination of benefits equaling the higher spouse benefit.
To see if you are eligible for a higher benefit amount, you will have to contact us when you attain age 62. We hope this information helps!
Barbara W.
If you were married 5 years then divorced 1 year and remarried for 5 years to the same person does that count for 10 years
R.F.
Hi Barbara, according to our rules, an individual may be eligible for Divorced Spouse Benefits if he or she was legally married to the worker for at least 10 years before the date the divorce became final. This requirement is met if the divorce became final on or after the 10th anniversary of the marriage. This is so even if this period was interrupted by a prior divorce, provided the remarriage took place no later than the calendar year immediately following the calendar year of the divorce. See our Program Operations Manual System (POMS) – Section: RS 00202.005 Divorced Spouse for more information.
For further assistance and specifics in your situation, call our toll free number at 1-800-772-1213 and speak to one of our agents. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Andrea
Can I start collecting half my ex husband’s social security in January of the year that I turn 66 ? I was born in June 1953.
Kathrine J.
I have been divorced from my husband since 2000. We were married for 20 years. I am currently on disability and have not remarried. (I am 60, he is 61.) When can I collect spousal benefits? Here’s the other thing: he is currently seeking an annulment to our marriage in the Catholic church. If granted will that affect my spousal benefits in any way?
R.F.
Hello Katherine, if you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record if you are age 62 or older.
Here are the other eligibility requirements to receive benefits as a divorced spouse:
•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.
In an annulment, the law acts as if there were no marriage between the parties and it could affect Social Security benefits. You will need to speak with a Social Security representative about your specific situation. Please call our toll free number at 1-800-772-1213, 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!
Deborah M.
The Social Security office has lied to me TWICE, saying that I cannot draw my ex spouse’s retirement UNTIL HE RETIRES. I have read in several places ON THIS SITE that I CAN draw it if he hasn’t retired if (1) We have been divorced 2 yrs…we have been divorced 18 yrs! (2) If I am age 62,,I am age 64, WHY am I begin told untruths about this AT the Social Security office AND the 800 number??? They told me he HAS to be retired. I draw disability and I struggle to get by. I KNOW he’s making a LOT of money and has worked the same job since our older son, who is now 41, was 9 months old! This is VERY frustrating as I NEED the extra money.
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!
Libby
I already applied