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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Lynn
I am planning retirement in about 3 years. My exspouse has not filed income taxes in at least 10 years. His income prior to then was much more than mine and I would probably be in a better position if I could rely on his instead. However I would guess his lack of reporting would nullify this possibilty. Am I correct?
V.V.
Hello Lynn, thank you for your question.
You can receive benefits on your ex-spouse’s record if:
• You are age 62 or older;
• You were legally married to your ex-spouse for at least 10 years;
• You are unmarried;
• 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.
Keep in mind that a Social Security retirement benefit is calculated by using a person’s highest 35 years of earnings.
See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
For further assistance, 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. or contact your local office directly.
jessy
hello my name is jessy i lost my mother 2 years ago is there any way i can apply for her retitrement. thank you
V.V.
Hi Jessy, we are very sorry for your loss. You may be eligible for survivor benefits on your mother’s record if she earned enough Social Security credits through her work and you’re unmarried and under the age of 18 (up to age 19 if attending elementary or secondary school full time) or you have a disability that began before age 22 and you’re still disabled.
To inquire about potential 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.
CONNIE M.
I am now collecting SS from an ex husband who has died. I have another ex husband as well. When he dies, would I be able to change and then collect his SS if his SS is more than the dead husbands that I am now collecting on????
A.C.
Hi, Connie. If you were married to your former spouse for at least 10 years, and you are not eligible for a higher benefit on your own record or on the other ex-husband’s record, you may be eligible for divorced spouse benefits on his record. For specific questions about your case, please call us at 1-800-772-1213, Monday through Friday, between 7:00 a.m. and 7:00 p.m. You can also contact your local Social Security office. We hope this helps.
Paula A.
I am 56 years old and my ex spouse is deceased. We were married 12 years. I have since remarried, am I entitled to any of his social security benefits? I have researched your website but it does not specify.
Thank you!
V.V.
Hi Paula, thank you for the question. Widows that remarry before age 60 (age 50 if disabled), do not qualify for benefits on their deceased spouse’s Social Security record unless they become unmarried again. Please visit our Frequently Asked Questions web page to see how marriage can affect Social Security benefits.
Joanne N.
I had to take my social security at 62 because my husband left me and I needed the extra money. Since I took it early I never will receive full retirement benefits. But when I want to apply for my ex’s benefits I’m told I get more then his half. But that is only because you are looking at what I would have received if I was 66 not what I really collect. Please help me out.
V.V.
Hi Joanne, thank you for the question. If your ex-spouse qualifies for retirement benefits but hasn’t applied yet, you may be able to receive benefits on his record right now, if you have been divorced for at least two years. You can receive benefits on your ex-spouse’s record if:
• You are age 62 or older;
• You were legally married to your ex-spouse for at least 10 years;
• You are unmarried;
• 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.
For more information, please visit our Retirement Planner: If You Are Divorced.
We encourage you to call our toll free number at 1-800-772-1213 to inquire. Representatives are available to help you Monday through Friday between 7 a.m. and 7 p.m.
clarence m.
I divorce in 1987 we got marry in 1971 she work for social-security for 30+years. I was told that when she retireI I would get some retirement even if she remarry
A.C.
Hi, Clarence. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if they have remarried) if:
•You are unmarried;
•You are age 62 or older;
•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. For additional information, check out our Benefits Planner: If You Are Divorced. Thanks!
Tina T.
If my ex spouse has passed. And i am 60 yrs will i be able to draw his full amount on his social security . I am not married
Katherine O.
I need my deceased spouse’s end of year statement 1099, and can’t seem to find out how to get it, it didn’t come in the mail.
Kathleen
I would like to know what info is necessary to apply for ex-spouse benefits? I have heard that a lot of detailed info is needed like their previous/current marriage dates and/or divorces. Is this true?
Some info may be difficult to obtain.
A.C.
Thanks for your question, Kathleen. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, you must be age 62 or over, and you cannot be eligible for a higher benefit on your own record. For more information on how to qualify for divorced spouse benefits, check out our Benefits Planner: If You Are Divorced. Hope this helps!
G L.
divorce for more than 10 years and was married for 20 years. will the one of the spouse be entitle to my social security benefit
V.V.
Hi there, thank you for reading our blog post. We will always pay a person’s own retirement benefit first. If their benefits as a divorced spouse are higher than their own retirement benefits, they will get a combination of benefits equaling the higher divorced spouse benefit. However, keep in mind that a divorced spouse’s benefit cannot exceed one-half of the worker’s full retirement amount (not their reduced benefit amount). So, a person is only going to receive additional divorced spouse’s benefits if their own full retirement benefit (not their reduced benefit) is less than half of their divorced spouse’s full retirement benefit.