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!
Did you find this Information helpful?
About the Author
Jim Borland, Acting Deputy Commissioner for Communications
Jim Borland, Acting Deputy Commissioner for Communications
Comments
Comments are closed.
Francesca L.
If I collect my ex spouses benefit when I am 64, will my amount be adjusted when I file myself at 66 if it is higher than the amount I am receiving from my ex spouse benefit if min is higher?
A.C.
Hi, Francesca. 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.
JUDITH W.
social security woman told me that I was on social security disability and went to social security at the age of 62, and that I was suppose to receive the same full amount of social security that my husband was drawing at the time of his death
Hermila D.
Ii was told I did not qualify for some of my ex husbands income until he decided to retire. Upon him retiring then, I would receive an amount . Is that true?
A.C.
Hi, Hermila. 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. 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.
Kathi
I am eligible and have filed for ex spouse benefits. However, it is taking forever to process and I don’t know why. I am in desperate need for this money to survive and pay my bills. No one will give me a definite answer as to when I will receive my payments. If I had known it would take so long, I would have applied months ahead of time.
A.C.
We are sorry to hear about your situation, Kathi. For your security, we do not have access to private information in this venue. We ask that members in our Blog community to continue 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., 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. You can ask to speak to a supervisor on your next call or visit. We hope this is resolved soon.
Julia A.
I have heard I can keep my ssdi based off my work history and collect my ex husband retirement too? I know women who are on disability and collecting their husbands ss too. I cannot find a clear answer to this. We were married for 26 years
A.C.
Hi, Julia. 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, you have to be age 62 or older, 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 web page. We hope this helps.
tony
What if you were married for 9 Yrs and 6 Months..?
A.C.
Hi, Tony. 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, visit our Benefits Planner: If You Are Divorced. We hope this helps.
Jerrilynn R.
I am on Social Security, however I’ve been divorced for over 20 years, can I also collect from my Ex
Squires
This is plain robbery!! Why should ex spouses be allowed to remarry and live a full life and at the end follect on the higher spouses social security? Stupid and unfair. Every ex spouse will be living off of the richest husbands social security no matter how many wives. Stupidity
Rivka
It does not take away from a former spouse’s Social Security if their ex files for benefits based on their income.
Cindy R.
My ex husband is 74 and collecting SS benefits. He was disabled at the age of 61 and collected benefits until he transitioned to regular social security. I am 62 (and never remarried, neither did he) and we were married 16 years. I didn’t work most of those years as I was a stay at home wife and mother. My question is, what part of my ex husbands benefits would I receive if he were to die before me. Would it be half of his benefits or the full amount. As mine will be very meager, considering I didn’t work when he was making the most money of his life to raise our children. I plan to take my benefits at age 66 1/2.
A.C.
Hi, Cindy. If you are the divorced spouse of a worker who dies and you are not married, you could get benefits just the same as a widow or widower. Survivor’s benefits are paid at a higher rate, and the monthly amount you would get is a percentage of his basic Social Security benefit. For more information, please visit our web page, Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse. We hope this information helps.
Laurie P.
I was married for 35 years and divorced now he remarried I’m on disability can’t I draw more money and it not affect his money he isn’t on disability he pays in ss someone told me I could draw more
V.V.
Thank you for your question, Laurie. If you are divorced, 62 or older and currently unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. The amount of benefits you get on your ex-spouses record has no effect on the amount of benefits your ex-spouse or their current spouse may receive. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.