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
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Linda C.
My spouse collects $2264. In benefits & I collect $1416. I am 70 & he is 77. If something happens to him, how much would I collect as his wife? He is divorced & his ex-wife collects benefits from him. Would the benefits stay with her or would I get something too?.
A.C.
Hi, Linda. The amount of your widow’s benefit is based on several factors, including: the earnings of your husband, when he started receiving his benefits, your age, and the amount of your own retirement benefit. We compare your own benefit with your potential survivor benefit. If your survivor benefit would be higher than your own current retirement benefit, you would be eligible for survivor benefits. To learn how much you could be eligible for, please call our toll-free number at 1-800-772-1213 (TTY 1-800-325-0778). Generally, you will have a shorter wait time if you call later in the day. At this time, we do not offer an online application for survivors benefits. Also, his ex-wife’s benefit will have no effect on your potential widow’s benefit.For more information about survivors benefits, visit our Benefits Planner: If You Are the Survivor web page. We hope this helps!
CHERYL T.
I was married 9yrs & 362 days from March 17, 2001 to March 14th, 2011 to my ex husband. His girlfriend told him he can draw of my social security. I told him he couldn’t as the marriage ended before it made 10 years. I remarried & my current husband and I says we’re common law since the pastor failed to send in the marriage certificate.
Kathleen C.
I currently do not have to pay taxes on my Social Security money based on my disability. If I accept my Ex Husbands Social Security (1/2 because his is more than mine) would I have to start paying taxes on his Social Security money?
A.C.
Hi, Kathleen. Some people have to pay federal income taxes on their Social Security benefits. This usually happens only if you have other substantial income (such as wages, self-employment, interest, dividends and other taxable income that must be reported on your tax return) in addition to your benefits. See our Benefits Planner: Income Taxes and Your Social Security Benefits for more information. For specific questions regarding your benefits, you can call us at 1-800-772-1213, Monday through Friday, between 7:00 a.m. and 7:00 p.m., for assistance. Generally, you will have a shorter wait if you call later in the day. You can also contact your local Social Security office. We hope this helps.
E L.
I’m 66 years of age, I have followed all that is required of me from the SSA office back on October of 2018. I have called and an expedite ticket was opened on April 17, 2019, but to no avail. This is a ex-spousal claim. What should I do next? .
Jane O.
I need to ask a slightly different question.
Next year, I will have reached my Full Retirement Age (66) in July 2020. I will most like begin to collect my own benefit at that time, and I will continue work full time (another 7 years most likely) and to contribute to Social Security. My ex spouse is three years older so will be eligible to collect social security when I start to receive my benefit. His benefit is most likely much higher than mine.
What do I gain or lose by filing for the ex spouse benefit when I reach FRA?
A.C.
Hi, Jane. Thanks for your question. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, and you cannot be eligible for a higher benefit on your own record. For more information on how to qualify for divorced spouse benefits, visit our Benefits Planner: If You Are Divorced. We hope this helps.
Nancy I.
My daughter’s father applied for SSD benefits
But he owes my a lot of back child support.
I’m sure he is getting them now. I was supposed to get partial money when he received a retro/ back check. What can I do to get my child what’s due to her?
A.C.
Hi, Nancy. For your security, we do not have access to private information in this venue. We ask that members in our Blog community 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., for assistance. Generally, you will have a shorter wait if you call later in the day. You can also contact your local Social Security office. We hope this helps.
Kelly M.
If I apply for my ex-husband’s (we have been divorced for more than 10 years) social security benefits records will anyone else be able to see this request?
V.V.
Hi Kelly, thank you for your question. As a Federal agency, the Privacy Act of 1974 requires us to protect the information we collect from you and are prohibited from disclosing personal information without the person’s consent, except under certain conditions. For more information, please visit the Freedom of Information Act web page.
Wendaline A.
I was curious if I’d be eligible to receive benefits from my ex husband.we were together 18yrs but married for 12yrs we have been divorced for 20 yrs.no remarriage for either
V.V.
Hi Wendaline, thank you for your question. If you are divorced and currently unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. For eligibility details, check out the Retirement Planner: If You’re Divorced.
For your security, we do not have access to your information in this venue. To inquire about potential benefits on your ex-spouse’s record, you will need to contact your local Social Security office or call our toll free number at 1-800-772-1213. Representatives are available to help you Monday through Friday between 7 a.m. and 7 p.m.
Joan L.
I have not had my SSI benefits re-evaluated since I started to receive them. I am divorced, age 83, and would like to know if, and what, difference there would be in my check using my ex’s benefits or mine. What documents would I need to take to an appt. with the SSI office to do this?
s.Stainback
When I’ve contacted SS both over the phone and at my local office, I’ve been told I can’t receive any of my ex-husband’s SS benefits until he files. Above it says,
“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.”
Which is correct? I was married for 27 years and divorced in 2015. I have a teacher’s pension that will be very small because I was a stay at home mother for several years, so I never contributed to SS.My ex is a year younger than me and doesn’t plan on filing until he is at least 67. (He has other separate money.) Do I have to wait until I’m 68 to even get the offset amount of his benefits?