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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Darbi T.
I never knew anything about this. My friends were talking about and I want to know how to apply for this and what information you will need? Thanks for your time.
Darbi Tue
R.F.
If you are divorced, you may still be able to get benefits on your ex-spouse’s record. For information on the requirements for Divorced Spouse’s Benefits, read “If You Are Divorced“. Thanks!
Nancy b.
I paid in more to social security than my ex husband. He was drawing off of my earnings,he remarried I know he loses what draws off of me . Do I get any of that money now???
R.F.
Hello Nancy. Generally, your ex-spouse’s benefits end if they remarry. No other action is taken. Thanks!
woody b.
will I be notified when an ex spouse claims social security on my account?
R.F.
Hello Woody. Generally, a notification is sent to the record owner when benefits are paid to someone on his or her record. Thanks!
eugene t.
ive been divorced from my ex-wife for 12 yrs. she will be tuning 62 this nov.8th. I worked in the post office under civil service, so I don’t get ssc. can I file against her ssc when she turns 62.
Toni M.
Hello I was married to my ex husband for about 10 years and we divorced in 94 and had 1 child together who is now 29 but my ex husband was in ssd I and I remarried but am separated now but I am only 53 and disabled can I draw off my ex deceased husband
R.F.
Hello Toni. If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more.
If your former spouse is deceased and you need information about possible survivors benefits, see benefits for a Surviving Divorced Spouse. Thanks!
S.Sperry
I still believe we are discriminated against because my husband was a teacher. He worked all his quarters but because he was a Massachusetts teacher he looses his social security because they dock him for working as a teacher. Social Security does not do that for the Mayors who also work as judges. They are allow to collect from both jobs as well as all others who work for different jobs in government. This is not fair for teachers who worked a career in private companies and then work for the cities as a teacher. I believe someone should take the time to correct this because I truly believe that teachers are discriminated against in this situation. They worked and put in the system and should be able to get their full social security like everyone else.
R.F.
A pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies, such as police officers and some teachers) may affect the amount of your Social Security benefit.
Your benefits can be reduced based on one of two provisions: The Windfall Elimination Provision and The Government Pension Offset. Thanks!
Cindy m.
Under what circumstances does a 62+ year old ex-spouse receive Social Security benefits, living or deceased, remarried or not.
I just need this information and then please get rid of my email address. I will want no more emails. thank you
R.F.
Hello Cindy. Please visit our Frequently Asked Questions web page on divorced spouse and surviving divorced spouse benefits, for more information. Thanks!
karen
I would like to know if I can draw the full amount of my ex spouse’s SS if he is deceased? Can I also draw mine or is it the larger of the two
R.F.
Hello Karen. Your survivors benefit amount is based on the earnings of the person who died. The monthly amount you would get is a percentage of the deceased’s basic Social Security benefit. See “Survivors Benefit Amount” for more on this topic.
It is possible for a person to be eligible for Social Security benefits on more than one record at the same time. However, we are only going to pay the highest benefit amount from either record.
In many cases, a widow or widower can begin receiving one benefit at a reduced rate and then, at full retirement age, switch to the other benefit at an unreduced rate.
For further assistant you will need to speak to one of our agents. Please call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local office directly. Thanks!
James H.
I am 84 years old my ex wife died two months ago an I collect on her SS ?
V.V.
Hi James. If you are the divorced spouse of a worker who died, you could get benefits just the same as a widow or widower. For more information, please visit our Surviving Divorced Spouse webpage.
Mystery
My husband has died recently but prior to his death he was receiving social Security retirement benefits what do I need to do 2 get them switched over into my name if it’s possible and what do I need to provide to the Social Security Office
V.V.
We are very sorry for your loss. If you already receive benefits as a spouse, under your husband’s record, your benefit will automatically convert to widow’s benefits after we receive the report of death. Typically, the funeral director notifies us of an individual’s passing by contacting the local Social Security office.
If you are receiving retirement benefits on your own record, you can only apply for benefits as a widow if your retirement benefit amount is less than the benefits you would receive as a survivor.
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.