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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Bodh M.
I am trying to assist a friend whose husband passed away on October 9. 2018 . I have tried logging into my sis account with her husband ss # sign in name etc. it says account is no longer valid. When I try to create an account using my friends ss # Iit says. Not valid.
A.C.
Hi. We are sorry to hear about your friend’s loss. Unfortunately, you can only create a my Social Security account using your own personal information and for your own exclusive use. You cannot create or use an account on behalf of another person, even if you have that person’s written permission. For security reasons, and for your friend’s protection, she’ll need to go into her local office for assistance. A representative in the office will verify your friend’s identity and issue her an activation code. She can use the activation code to complete the registration process for her personal my Social Security account. We hope this helps.
Val S.
My first husband was on SS Disability before he died, and I received SS survivors benefits. I remarried, but now am divorced from the second husband, and have gotten my first husband’s SS survivor benefit back. If I were to receive a portion of the second husband’s Civil Service retirement, or his military retirement, will that affect the SS benefit I receive from my first husband?
Carol
If I am collecting social security from my ex husband at 66 can I collect on my social security later and then drop his before I turn 70. And if I am still working part time will my s/s increase?
Miriam M.
Is it true that the rule has changed and you have to be born in 1954 or earlier in order to collect spousal social security (divorced).
V.V.
Hi Miriam, thank you for using our blog. You may be able to get spouse’s benefits but, under existing law, if you are eligible for benefits both as a retired worker and as a spouse, you must apply for both benefits and you’ll receive the higher of the two benefits. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have also applied for the other.
However, if you turn 62 before January 2, 2016, deemed filing rules will not apply if you wait to file at your full retirement age or later. This means that you may file for either your spouse’s benefit or your retirement benefit without being required or “deemed” to file for the other. See our Deemed Filing For Retirement And Spouse’s Benefits FAQs web page for details.
Joan
Can a wife collect ex spouse’s benefits if he has remarried twice? We were married 17+ year. Does he have to draw first and can I draw off his and continue to work if I wanted to wait for full retirement to draw my own or his at full retirement age?
Clemmie
I live in Iowa and am currently receiving SS from my ex spouse. I am FRA of 66. I wonder if I have to claim the money as income when filing taxes. I am still working full time.
V.V.
Hi Clemmie, thank you for using our blog. Check out our FAQ: Must I pay taxes on Social Security benefits?
aida
If I marry someone who was previously married for 24 years, will the ex-spouse get the benefits or me.
we are still of working age and will not retire for the next 8 years.
V.V.
Hi Aida, thank you for your question. If you qualify for spouse’s benefits and there is an ex-spouse who also qualifies for benefits, the ex will not affect the total amount of benefits a current spouse or their family may receive. Check out our Benefits Planner: Benefits for Your Spouse for more details.
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Susan S.
I have been receiving my ex-husband’s benefits or half of them. Now I am 70 and I can either choose the top amount of my social security or a lesser amount with a bonus I don’t understand
V.V.
Hi Susan, thank you for the question. By delaying receiving your retirement benefits beyond your full retirement age, you are eligible to receive a higher retirement benefit amount than you would have at age 66. Your year of birth and the number of months you delay determines how much your benefit increases. See our Delayed Retirement Credits web page for details.
To inquire about your benefits, you will have to contact your local office or call our toll-free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Cynthia P.
How do I apply for Social Security from my ex-husband who is now deceased. We were married 17 years.