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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Truthlover
Can I get spousal benefits if my ex-husband of over 10 years at receives Social Security retirement income and I receive Social Security disability income?
David J.
Ex wife is 60, just remarried,we have been divorced 6 years, I am 65, been collecting SS benefits since 62.
Does she now loose my benefits?
V.V.
Hello David, thank you for the question. See “If I get married, will it affect my benefits” for details. Thanks!
Laura H.
how do i found out what i would draw on my SS
R.F.
Hello Laura, our Retirement Estimator gives you future estimates of your monthly Social Security benefits based on your actual Social Security earnings record.
In addition, we have a variety of other calculators to help you plan for the future. Which calculator you choose depends on what you want to do. Also, we suggest that you create a my Social Security account. With your personal my Social Security account, you can verify your earnings, get your Social Security Statement, and much more. Happy planning!
KIM B.
How do I find out what is 1/2 of my ex-husband’s SS benefit? I have his ss#. Is there a place I can plug his ss # in to find out his estimated earnings record and estimated ss distribution?
Penny L.
I was married 14 plus years to my ex deceased spouse. I am remarried. Do I still qualify for benefits?
Diana G.
I’m disabled and just getting my disability from ssi but I think i’m eligable to receive my x husband ssi retirement benefits.
Tammy G.
I was told I make to much money in Social Security benefits to get part of my ex-husbands Social Security and we were married for more than 10 years. Is this true?
V.V.
Hello Tammy. We will always pay your own retirement benefit 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 divorced spouse benefit. However, divorced spouse’s benefits cannot exceed one-half of your ex-husband’s full retirement amount (not his reduced benefit amount if he filed early). So, you can only receive additional divorced spouse’s benefits if your own full retirement benefit (not your reduced benefit if you filed early) is less than half of your ex-husband’s full retirement benefit.
Generally, during the interview when you or your ex are applying for Social Security benefits, we typically explore all other benefits that could yield you a higher benefit amount. To find out if you are eligible for a higher benefit amount, you can call us at 1-800-772-1213 between 7 a.m. and 7 p.m. Monday through Friday or contact your local Social security office. Thanks!
Melinda C.
What if you have no idea of ex’s income.
I am disabled due to my back since 2010.
I blew thrust my IRA thinking I would be able to replace it. I should have taken Disability in 2005 when my MD suggested.. Inability since to control back pain without Narcotics , who wants an RN on drugs. I am soon. 63 and my ex. I have worked since I was 14, I and not a slug. Very difficult ajustment.
Will be 65 in February. Can I draw some
SS from him. I know he makes better money now than when we were married., because he didn’t work. He is a CPA in Florida he has been a CPA since 1985.
Patricia A.
I am inquiring on behalf of a relative who was legally separated from her husband many years ago. She is almost 62 and isn’t sure if she is entitled to social security benefits based on her legally-separated husband’s work records…as she probably doesn’t qualify based on her own work record. Thank you for your assistance in answering this inquiry.
Brianna
Hello, I am trying to find out about my insurance benefits please email me back.
V.V.
Hi Brianna, thank you for using our blog. Many of our services are conveniently available anytime at our website. I would encourage you to create a my Social Security account. With a personal my Social Security account, you can get estimates of your retirement, disability, Medicare and survivors benefits, review your earnings record and much more.