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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ruth j.
I would apply benfits on my deceased husband
R.F.
We should be notified as soon as possible when a person dies. However, you cannot report a death or apply for survivors benefits online. If you need to report a death or 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.
Linda R.
My ex-husband just died. He has been re-married for years, however he and I were married for 23 years and had 4 children. Do death benefits apply to me?
V.V.
Hi Linda. If you are the divorced spouse of a worker who died and you are not married, you could get benefits just the same as a widow or widower. For more information, please visit our Surviving Divorced Spouse webpage.
candace s.
I’m already drawing on my ex. If he dies, will my amount go up?
Asif I.
Social Security is effectively bankrupt. So why does the system lavish benefits on people who never earned them? No one should ever be able to claim benefits based on the work record of another person.
Don T.
I retired at 62. My ex is 61. We were married over 10 years. We have been divorced 30 years. Unfortunately for her income is low. From reading this forum and information on the SS site it appears she is eligible for something. When can she start to receive her benefits ? She may be eligible for disability. I would like to at least point her in the right direction.
R.F.
Hello Don. If you are divorced and your marriage lasted at least 10 years, your former spouse may be able to get benefits based on your record. Visit our Retirement Planner: Benefits For Your Divorced Spouse for more information. Thanks!
Louise
A friend of mine died recently. He was a resident alien and was collecting social security. His wife, who was a U.S. citizen had predeceased him and he was collecting her social security at the time of his death (though he had previously been collecting on his own prior to her death). He had been married before to a woman who is a U.K. citizen and has always lived in the U.K. (as did he until about 20 years ago). Is she eligible to collect his social security now that he has died if they were married at least 10 years.
R.F.
We are sorry for your loss, Louise. We recommend that individuals living outside the United States contact the nearest Federal Benefits Unit or U.S. Embassy in their area, for information related to Social Security benefits.
Please visit our Frequently Asked Questions web page on “Noncitizens”
and “Divorced Spouse Benefits” for more important information. Thanks!
Louise
thanks for the quick response – I will have her investigate
Joyce A.
How can you find out spouse support if your husband is missing?
Irene G.
I am on ss disability but am only receiving 794.00 a month any extra $ would be great. I was told by a ss rep that if he wasnt taking ss that I had to wait till he started to collect. Is that true?
V.V.
Hi Irene, thank you for the question. If you’re asking about divorced spouse’s benefits, if your ex-spouse qualifies for retirement benefits but hasn’t applied, you may be able to receive benefits on their record if you have been divorced for at least two years. For your security, we do not have access to your information in this venue. We encourage you to call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available to help you Monday through Friday between 7 a.m. and 7 p.m. or contact your local Social Security office.
Jean I.
After age 70, how does one switch back to receiving one’s own retirement benefit and not one half of the ex-spouse’s full benefit?
mary e.
I received a letter today from Social Security. My ex spouse has applied for a withdrawal of SS benefits. The letter states that the withdrawal cancels my ex spouse’s entitlement and therefor cancels my entitlement. I don’t understand how an Independently Entitled Divorced
Spouse is not protected when an ex spouse withdraws a claim. Thank you
V.V.
Hi Mary, thank you for the question. If your ex-spouse qualifies for retirement benefits but hasn’t applied, you may be able to receive benefits on their record if you have been divorced for at least two years.
For your security, we do not have access to your information in this venue. We encourage you to work with your local Social Security office. If you are unable to connect with your local office, you may call our toll free number at 1-800-772-1213. Representatives are available to help you Monday through Friday between 7 a.m. and 7 p.m.