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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Louis B.
Hello, I am currently receiving a restricted ss from my ex. I started receiving these benefits at age 67. Medicare is deducting the amount from my restricted ss. I am delaying taking my ss. Question– Since this is a restrictive payment from my ex’s ss- Am I still obligated to pay taxes? If so, am I only taxed on the net amount after medicare deducts auto pay from my restricted ss? Please update and advise.
V.V.
Hi Louis. For information about taxation of benefits, visit our Benefits Planner: Income Taxes And Your Social Security Benefits.
Craig
When I die what percentage of my social security benefits does my ex wife of 20 years receive and what percentage does my present wife receive ?
Ellie M.
I have an appt to speak with a Social Security agent regarding collecting on my ex husband’s Social Security benefit. I will be 67 in June 2019. I did not know that I could collect on his benefit until now. Can I collect back benefit from age 62 when I would have been first eligible. We were divorced when I was 60 years old in November of 2012.
My S.
My ex of 15 years wants my SS NUmber yo girl for disability. He doesn’t qualify on his on record. I have been on disability about 20 years will it affect my check if he pulls off of me?
Nancy T.
Hi my name is Nancy, I don’t know how to start with my denial case…I need help someone who can help me every Attorney that I web search decline in taking my case I received a letter of denial from Appeal Councils and I don’t want to go to Federal Civil Court instead I want to start all over again…this been going on since 2013 and still fighting my health issues has gone worse… I take 21 meds twice a day for depression Anxiety Bipolar COPD Sleep Alpnea Epilepsy Seizures Diabetic Neapathy Ascic Reflux RLS Bad kidneys liver elevated bad Cholesterol Cronic degenerate dis Sjogren disease Migraines and more I can’t remember all …im diagnosis and it’s all acute.im homeless had a car and slept in it because I couldn’t afford and apartment …I choked every night because my lungs shuts down then Ascic Reflux starts heavy it gives me heart pains..i need to know why I keep getting denied and with everything I mentioned no Attorney was to take my case.im 56 yrs old I made my 40 credit.its so very hard for me to work meds have me sleepy…i was married for 19yrs and my ex husband receives SSDI if I keep getting denied can I instead. Apply with his SSDI? I’ve worked all my life 36yrs and it’s to early for my retirement but my ex is 62yrs he only receives SSI and he never remarried or me can you please give me an advice..Thank You Nancy…
Sara w.
I have been maried for 17 years and then got divorced. Me ex spose will be 62 years old in 5 years and i will be 55 years old. My first question is if i will eligible to collect the benefist when i am only at the age of 55?
The second question is : can i collect the benefits even if i don’t live in U.S? if yes how can i get it because i don’t live in u.s in the past 10 years. But i am citizen of u.s.
Can i still work and get the benefits?
Carol O.
I am retired and receive SS benefits. My x husband died several years ago. I was notified and have been receiving some of my SS from his act. now it is time to do Income tax and I need to know how much of my SS payment is from his passing.
A.C.
Hi, Carol. For your security, we do not have access to private information in this venue. We ask that members in our Blog community to work with our offices with specific questions. You can call us at 1-800-772-1213, Monday through Friday, between 7:00 a.m. and 7:00 p.m. Generally, you will have a shorter wait if you call later in the day. You can also contact your local office for assistance. Thanks.
marilyn l.
my ex husband just died im getting my ss check as well as 10$ of his as he had not died when i applied for mine . I was his 1st wife and married to him for 11 years. he also married or lived with this woman for 30 yrs. is she intitled to any of his ss check. I started my ss at age 62. ? will I be notified of any changes to my ss? by ss .
V.V.
Hi Marilyn. Benefits paid to you as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record and vice versa.
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.
mary M.
how can I get a replacement 1099 for my diseased husband
jack l.
can i collect social security from my ex wife even though we were married in nevada and divorced in california 19 years later
A.C.
Hi, Jack. You may be able to receive benefits on your ex-spouse’s record at age 62 if:
• You were 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. Thanks!