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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Sue
If my husband’s ex-wife (they were married 33 years) files to receive benefits under his social security in Virginia (she has not remarried and won’t), will he be notified that she has filed and is going to receive benefits from his social security? (she is 63 and he is 66).
A.C.
Hi, Sue. The Privacy Act prohibits Federal agencies from disclosing personal information without consent. For more information, visit our Frequently Asked Questions. Thanks!
Sharon D.
This information is just wrong! Check with SS yourself. The problem is, every time I’ve checked with them, I get a different answer. But, consistently, they have told me that ex spouses do get the full benefit amount that their former husband was getting, when he dies. It kicks in immediately after the death is recorded and so, you don’t have to report his/her death to SS to get this benefit.
A.C.
Hi, Sharon. Actually, the amount of a widow’s benefit is based on several factors, including: the earnings of her husband, when he started receiving his benefits, the widow’s age, and the amount of her own retirement benefit. We compare her own benefit with her potential survivor benefit. If her survivor benefit would be higher than her own current retirement benefit, she would be eligible for survivor benefits. As far as reporting a person’s death, in most cases, the funeral home will report the person’s death to Social Security. For more information about Survivors benefits, visit our web page here. If you have not reached the required age, you can also visit our page, Survivor Planner: If You Are The Survivor. We hope this helps!
Addie B.
just want to know if I can get my deceased husband s. s.? I am already getting my Ex deceased husband S.S.
A.C.
Hi, Addie. 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.
Tina
Can you keep working and how much can you make . A year if you draw off your ex spouse at age 62
A.C.
Hi, Tina. Thanks for your question. If you are receiving retirement benefits, check out how work affects Social Security payments here. We hope this helps.
Nazley V.
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Koszelak
What social security benefits can I receive based on my deceased, divorced spouse’s work record. We were married seventeen years and I never remarried, nor did he. Our divorce was finalized in 2004. He only recently passed and I have been advised to try and learn the process of collecting social security now.
A.C.
Hi. Thanks for your comment. 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 here. Hope this helps!
EFF
I wanted to know if I could collect social security from my ex husband I was married for 23 years and born 1953. I am now remarried. Am I still able to collect benefits from my ex husband? I am 66 I do not want to collect my social security at this time. Please advise thank you
Theodora K.
My most recent exhusband died. However, I have been collecting monthly income from my first exhusband who is still living. How do I go about checking if there is a benefit change?
V.V.
Hi Theodora, thank you for your question. To inquire about receiving a higher benefit and your options on switching, please call our toll-free number at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday between 7 a.m. and 7 p.m. to speak to one of our representatives. For more information, please visit our “Surviving Divorced Spouse” page.
Rita B.
I would like to make an appeal for my husbands benefits. He died they denied me the benefits I thought should be mine now. I have been drawing on my own but with his I would draw more. Thanks for the help.
L.A.
Hi Rita. If you do not agree with our decision, you have the right to file an appeal. You must make a request within 60 days from the date you received your notice of denial. If you need help with filing your appeal, you can contact your local Social Security office. For more information, read our publication “The Appeals Process.” You may be able to file your appeal electronically. We hope this information helps.
REBECCA A.
MY HUSBAND OF 13 YEARS PASSED AWAY IN 2007,I REMARRIED BUT NOW AM DIVORCED.MY SISTER IN LAW TOLD ME THAT I COULD STILL DRAW OFF MY FIRST HUSBANDS RETIREMENT,IS THIS TRUE? I AM A DISABLED LADY.
A.C.
Hi, Rebecca. If you are the divorced spouse of a worker who died and you are not married, you could get benefits just the same as a widow or widower. For more information, please visit our web page, Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse. We hope this information helps.