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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Lauren
I’m 55 and applying for disability. Will I not be eligible for my ex-husbands benefits until I’m 62 years old? As long as I’m not married… I’m not. Additionally, we were married 23 years and divorced now 13 years.
A.C.
Hi, Lauren. In addition to being age (62 or older), here are the other requirements for you to receive benefits as a divorced spouse:
• You are unmarried;
• You were married to your ex-spouse for at least 10 years;
• 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. This means that if you are eligible for retirement or disability benefits on your own record, we will pay that amount first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on that record so that the combination of benefits equals that higher amount. For more information, you can check out our Retirement Planner: If You Are Divorced webpage. We hope this helps.
Jacqueline G.
What papers do I need to get widows benefits?
ELLEN D.
i am 61 years old i will be 62 in dec, my ex husband is 60 years old, can i retire at 62 and draw off of s.s. we married in 1977 and divorce in 1988,
A.C.
Hi, Ellen. In addition to be of age (62 or older), here are the requirements for you to receive a benefit as a divorced spouse:
• You are unmarried;
• You were married to your ex-spouse for at least 10 years;
• 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. This means that if you is eligible for retirement benefits on your own record, we will pay that amount first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on that record so that the combination of benefits equals that higher amount. For more information, you can check out our Retirement Planner: If You Are Divorced webpage. We hope this helps.
Don
You are a female who is divorced and your ex spouse is 4 years younger than you. 1/2 of you ex spouse retirement is more than your full retirement benefit. Can you file for retirement at age 62, and then when your ex spouse is qualified for Social Security Retirement start receiving the higher benefit of your ex spouse.
R.F.
Hello Don. If you are divorced, but your marriage lasted 10 years or longer, you could receive benefits on your ex-spouse’s record at age 62. Your ex-spouse must -also- be entitled to Social Security retirement or disability benefits.
Your benefit as a divorced spouse can -only- be equal to one-half of your ex-spouse’s full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age. 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.
Also, current law provides that 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.
We hope this information helps!
Constance E.
I was told that when I begin the process of applying for social security from an ex-spouse I will need their social security number is that correct. I have his date of birth.
R.F.
Hello Constance, you may be able to get spouse’s retirement benefits if you are at least 62 years of age and your spouse is receiving retirement or disability benefits. Our representatives will assist you in getting your ex-spouse’s information when you applied for benefits. Remember, if you qualify and apply for your own retirement benefits and for benefits as a spouse, we always pay your own benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit. See our Retirement Planner on Spouse’s Benefits for more information. Thanks!
Melynda J.
My ex husband past on July 28 2018 we were married 13 years he remarried may 5 th 2018 died July2018 , I am disabled remarried separated not legally have”nt a clue of that spouse whereabouts. Am I entitled to my ex husband death benefit. Also our son his arm was paralyzed at 16 and has multiple mental problems beside physical is he entitled to collect as a survivor. His father is Jay John Jordon dob born in Ticonderoga New York he is a twin or was I’m looking for answers . I have my hearing on nov 2 2018 in Albany as I suffer from many diseases and mental disorders
V.V.
Hi Melynda. 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.
For information on survivor benefits for your son, please visit our Survivors Benefits for Minor or Disabled Children webpage.
cathie g.
lived with my ex for several years 1078 till 1087 when we divorced is that common law or not hr has since passed away in 2994 any help is appreciated ty
V.V.
Hi Cathie. 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.
Jean L.
If I am eligible to receive 1/2 my ex-spouses Social security, but my Social Security will be more, however I will not be taking my own Social Security right now, am I still able to get half of his Social Security until I choose to take my own?
R.F.
Hello Jean. Generally, 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. Also, if you were born before January 2, 1954, and you decide to wait until your full retirement age to apply as a divorced spouse, you can choose to receive only the divorced spouse’s benefit and delay receiving your retirement benefit until a later date. Then, your benefit could be equal to half of your ex-spouse’s full retirement amount or disability benefit.
If your birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists.
Visit our Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse. Thanks!
WILLIAM Y.
I forgot to seek an opinion on my current wife’s situation. She has her own benefits, but they are much lower than mine. She is 62 and I am 67. When she turns 65, can she receive her benefits at the same time I am receiving mine (assuming I am still alive)?
Thanks!
WILLIAM Y.
I turned 67 in April and starting taking benefits in July, but am still fully employed. When my ex applies for her benefits (we had been previously married for over ten years), I understands she will recieve an amount equal to 50% of my benefits. Does this mean my benefits will be REDUCED by 50%?
R.F.
Great question, William. If they qualify, your spouse or child may receive a monthly payment of up to one-half of your full retirement benefit amount. These payments will not decrease your retirement benefit. Thanks!