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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Barbara K.
I was married for 21 years. He receives $2400 in social security and I receive 1378. Am I eligible to receive any of his benefitsbefore he dies.? I have never remarried
K.O.
Hello Barbara. If your ex-spouse dies while you are receiving ex-spouses benefit, you may qualify for survivor’s benefits. Generally, a widow, widower or a surviving divorced spouse can receive 100 percent of the worker’s basic benefit amount, when he or she attains full retirement age. Visit our Benefits Planner for more information. To see examples of the benefits that survivors may receive check out our Survivors Planner: How Much Would Your Benefit Be? For specific questions, you may call our toll free number at 1-800-772-1213, Monday through Friday, between 7:00 a.m. and 7:00 p.m. Thanks
phyliss a.
if you never was marry where your money goes
Diane A.
What information do I need to apply for my ex-husbands benefits to find out if they would be higher than mine. We are divorced; married for 26 years, he’s living and of each of us is single.
V.V.
Thank you for your question, Diane. Check out our Retirement Planner: If You Are Divorced for eligibility requirements.
To inquire about benefit amounts, please call our toll free telephone number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Terri K.
If you ex spouse has died, Can I receive his benefits
even if I am remarried
V.V.
Hi Terri. If you are the divorced spouse of a worker who died and you remarried after age 60, you may be eligible for benefits just the same as a widow or widower. For more information, please visit our Surviving Divorced Spouse webpage.
Adelaide O.
The SSA explanation as to the benefits a divorced ex spouse can receive are confusing to me. If you could allow me to use information that would be more like a real life situation. An ex-spouse receives 1800 a month in SSA retirement benefits he is age 78, his ex wife who took SSA benefits at age 63 1/2 receives 1400 a month from her own retirement benefit . The ex-wife is now 75. How much can the ex wife who has not remarried expect to receive now while her ex spouse is alive? Thank you.
V.V.
Thank you for your question, Adelaide. For you to receive additional benefits as a divorced spouse, your own full retirement benefit amount (not necessarily what you’re receiving) must be less than half of your ex-spouse’s full retirement benefit amount (not necessarily what they’re receiving). Based on the numbers you provided, that doesn’t appear to be the case. For more information, please visit our Retirement Planner: If You Are Divorced. If you would like to inquire further, 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.
Dameta
I am under 65, (57 years old) receive SSI for 14 years, due to my permanent disability,… but I’m short 4 work credits in order 2 receive any Medicare benefits… Am I eligible to receive any Medicare benefits due to my 63-year-old spouse’s work credits?
Adelaide O.
Spoke to representative from SSA about benefits for an ex spouse. I was not satisfied with explanation. I see in this blog that ” If you’re entitled to benefits on your own record, your benefit amount must be less than you would receive based on you ex-spouse’s work. In other words, we’ll (SSA) pay the higher of the two benefits. Now my ex-spouse is still living. If my ex living spouse receives 2000 and I receive 1600 . according to what I read I would receive an additional 400 a month to bring me up to 2000. ??? If this is not true, the statement is mis leading. The agent was saying that the ex spouse would only get half of benefit while he is alive. So that would be only 1000 which is less than I am receiving on my own. Not clear
R.F.
Your benefit as a divorced spouse can -ONLY- be equal to one-half of your ex-spouse’s full retirement amount, 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.
Remember, if someone is eligible for both, his or her own benefit and for benefits as a divorced 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.
For more on this, please visit “If You Are Divorced“.
We hope this information helps!
adelaide O.
I am thrilled to have your response, but I am still not clear. Let’s take a real situation. My ex-spouse receives 1800 a month he is age 78 I receive 1400 a month on my own retirement benefit . I am age 75. How much can I expect to receive now while he is alive and I have not remarried.
Thanks for the response. Much better than the 75 minutes that I waited on the phone to speak to an agent. The agent also told me that I could not make an appointment with my local office here in Manassas Va.
Abdulbabatunde P.
Can I get more hours for home health care as a ex spouse married over 20years?
Anonymous
I applied for spousal benefits from a divorced spouse and was only allowed $30 a month? How is that figured? My ex spouse is a millionaire and we were married for 15 years. I receive less than $1000 a month in income I made through out my life. $30 really?
V.V.
Hi there. Thank you for your question. 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 those benefits at your full retirement age. If you begin to receive benefits at age 62 or prior to your full retirement age, your benefits are reduced. The reduction factors are permanently applied to all of the benefits you qualify for once you opt to start benefits at age 62 or at any time prior to your full retirement age.
Remember, if you qualify for your own retirement benefits and for benefits as a divorced spouse, we always pay your own benefits first. If your benefits as a divorced spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit.
See our Retirement Planner: If Your Are Divorced for more information.
F J.
I am over 65, & .disabled. My x husband is 52. We have an adopted daughter we adopted at birth. Can I get spousal benefits from his SS?
R.F.
Please read about the eligibility requirements for ex-spouses here. Thanks!