Retirement

Ex-Spouse Benefits And How They Affect You

February 15, 2018 • By

Reading Time: 2 Minutes

Last Updated: February 15, 2018

two women and child smiling 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

  1. Todd

    HI
    I have a question I can’t find an answer to. My wife who is 72 years old, currently gets social security disability. I am also 72 receiving social security benefits. if we divorce, is she still entitled to a portion of my social security benefits while receiving social security disability benefits?

  2. Donna B.

    Hi My name is “Donna ” just wanna share my experience with everyone how i got my ex back and saved my marriage, I really loved my husband so much that i can not even do without him I felt I’m incomplete without him in my life. I was married for 9years with my husband with our awesome kids and we lived happily until things started getting rough. We had fights and arguments all the time… It got worse at a point that he filed for divorce… I tried my best to make him change his mind and stay with me because i dont want to lose him. I have loved him with all my heart but things didn’t work out… He moved out of our home and went ahead to file for divorce… All this hedriance stopped when someone introduced me to this wonderful, great spell caster who eventually helped me with love spell… I have never been a fan of spell casting but decided to try because i was desperate and was left with no choice… He did special prayers for home… Within 2 days my husband called me and was sorry for all the emotional trauma he had made me passed through, He moved back to the house and we continue to live happily, the kids are happy with their Dad as well. I have introduced Doctor Muna to lots of couples with problems around me and they all had good results….. Send him a mail via marvelspelltemple@ gmail. com Don’t give up yet, Make effort to save your marriage or relationship if it’s truly worth it

  3. Ed G.

    My ex moved back into my home . I pay all expenses she pays nothing but cable tv ……we separated mutually and had been separated from 2010 to 2018. the home is paid for and only rent (space rent mobil home ) and utilities are my personal expenses . I get zero money from her and she gets zero from me . We live two separate lives and only share the kitchen and bathroom as I have chosen to live in my garage . how can tis affect my SSi and my disability . I am fully disabled

  4. Barbara j.

    How can i find out if ex spouse is deseased

  5. Mike

    If an ex spouse dies and still owes back child support, will the surviving ex spouse receive the social security until the back support is paid?

  6. Nl D.

    Ex-spouse has retired and I am at full retirement age. Can I collect half of ex-spouse’s retirement benefit now while I continue to work then switch to collect from my own record of benefits when I reach age 70?

  7. Jean ?.

    I feel that if you were Married to this on is journey all the
    wat the bank. Then you been through you own hell.

    I no I sound ne,,

  8. Eddie A.

    If an ex-wife earned more than her ex-husband at retirement , who gets the social security benefits?

    • A.C.

      Hi, Eddie. Thanks for your question! 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, you may be eligible for benefits on their record at age 62. For more information on how to qualify for divorced spouse benefits, visit our Benefits Planner: If You Are Divorced web page. We hope this helps.

  9. Patricia C.

    I have a state retirement, and recently divorce. He will get half of my state retirement. I was told when I called months before the divorce that I just had to prove my retirement was reduced and the SS would change the amount I would receive. When I went to the SS office with my letter of the reduction they I formed me that this is not the case. I was miss informed on the phone with SS. This really upsets me because I could have fought this matter in my divorce settlement. Please let me know if their is something I can do about this now.

  10. Susan E.

    My ex spouse passed away a yr ago.
    I have been collecting my SS for the last 4yrs but can I now apply for and receive half of my ex’s benefits to be combined with my benefits?

    • V.V.

      Hi Susan. If you are the divorced spouse of a worker who died and your marriage lasted over 10 years, you could get benefits just the same as a widow or widower. For more information, please visit our Surviving Divorced Spouse webpage.

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