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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Heidi A.
My father in law died in February how can my mother in law get his benefits
A.C.
Hi, Heidi Ann. We are sorry to hear about your loss. Your mother in law could be eligible for reduced widow’s benefits as early as age 60 (age 50 if disabled). For more information, please go to our Survivors Planner page and read our publication: How Social Security Can Help – When A Family Member Dies. We hope this helps.
Sue
This information is helpful but does not tell you HOW to apply.
Marian m.
What paper you need to show when applying for ex-spousal benefits
Mary
Wha paper you need to show when applying for ex-spousal benefits
A.C.
Hi, Mary. Thanks for your question. Generally, you will need certified copies of your marriage license and divorce decree. For more information about divorced spouse benefits, visit our Benefits Planner: If You Are Divorced. We hope this helps.
ALBERT C.
MY EX WIFE DIED,SHE WAS GETTING AN ALLOTMENT FROM MY MILITARY RETIREMENT.NOW MY CHILDREN WILL NOT GET ME A COPY OF DEATH CERTIFICATE WHICH I NEED TO STOP THE ALLOTMENT BECAUSE IT WILL AFFECT MY TRI CARE FOR LIFE INSURANCE IF I DON’T GET IT RESOLVED.
Bonnie B.
I caI’ve tried to download the page with all the information I need and cannot do it. Can you please send me the application form as an email attachment?
V.V.
Hi Bonnie, thanks for the question. It is unclear what page you are trying to download; however, the Social Security website does have various forms available online to download.
If you’re talking about an application for benefits, you can file for the following benefits online:
•Retirement/Spouses/Divorced Spouses;
•Medicare; and
•Disability.
If you are unable or do not want to apply for benefits online, you can schedule an appointment by:
•Calling us at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. to 7 p.m., Monday through Friday; or
•Contacting your local Social Security office. Thanks!
Carmen R.
My name is Carmen Rowe and im getting ss and ssi but can i get my ex’s. I was married to him for 11 years. Randy T Clark. Can i get some of he’s ss he’s still a live.
A.C.
Hi, Carmen. To be eligible for divorced spouse benefits, you must be at least age 62, 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. Hope this helps!
Rachel
I am on SSDI at the moment. I am divorced and was married for 24 years. My ex will be 60 this year. neither of us have remarried. Am I able to apply for his higher benefit payout when my disability becomes regular SS benefit? And do I have to wait until I am 66 and 6 months to see the switch over?
A.C.
Hi, Rachel. Thanks for your comment. To be eligible for divorced spouse benefits, you must be at least age 62, 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. Hope this helps!
Jola A.
If I get half of my ex spouses SS when he’s alive, will I get more if and when he dies?
A.C.
Hi, Jola. The amount of your widow’s benefit is based on several factors, including: the earnings of your ex-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. 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. You can also learn more information by visiting our Benefits Planner: Survivors. We hope this helps.
Martha G.
I am fixing to retire. I will be 63 can I draw my deceased husband social security until I become of age to pull my own?
A.C.
Hi, Martha. 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. Hope this helps!