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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Gerri C.
Current spouse did not have enough work credits to meet ssa benefits. Read he can apply on spousal entitlement from me work experience. Please explain if he qualifies to receive SS. Thank you.
Alan M.
My ex wife passed away on 02/09/2019. She was 60 years old. We were married 20 years … can I claim benefits from Social Secutity?
Very Respectively,
Alan M. Manzie
(757) 274-8382 > Cell
A.C.
Hi, Alan. Thanks for your question. If the marriage lasted for at least 10 years, you could be eligible for surviving divorced spouse benefits based on your ex-wife’s earnings, beginning at age 60. If you are disabled, you could qualify for benefits as early as age 50 if the disability started before or within 7 years of your ex-husband’s death. For additional information on Survivor benefits, check out our Survivors Planner.To find out whether you qualify and if you need to file an application, you can call our toll free number, 1-800-772-1213 (TTY 1-800-325-0778) and ask to speak with one of our representatives, who are available Monday through Friday between 7:00 a.m. and 7:00 p.m. We hope this helps.
Sheila
Do you have to wait till you are 62 or can you get spousal benefits before I am 62
A.C.
Hi, Sheila. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, be at least age 62, and you cannot be eligible for a higher benefit on your own record. For more information visit our Benefits Planner: If You Are Divorced. Thanks!
Lisa A.
I am legally married to my husband. He abandoned me. He has made much more invome as I have. My name is Lisa A Pearson residing at 1956 Coopers Loop Extension Morganton NC. I HVE NO IDEA WHERE HE LIVES UNLESS UPSTATE NEW YORK HIS SSN IS *** – ** – ***. HIS NAME IS KOHN SCOTT PEARSON. MY NAME IS LISA ANN LOFTIS PEARSON MY SSN IS *** – ** – ***. THANKS FOR THE HELP
A.C.
Hi, Lisa. We are sorry to hear about your situation. 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.
Linda R.
I have a question regarding wheather I would be able to collect social security benefits from my ex-husbands benefits? He is still living. We were married from December 1980 to May 2005. I presently collect my own benefits beginning 2011. I was informed at that time that there was not a significant difference of what each of us were entitled and I should collect my own. He just recently retired having paid into SS an additional 9 years.
Am I eligible to transfer to his benefits and not collect on mine at this time?
Thank you
L.A.
Great question, Linda. Keep in mind that if you began to receive to receive benefits at age 62 or prior to your full retirement age, your benefits are reduced. Unfortunately, the reduction is permanently applied to all benefits in which you may qualify, this would include your possible divorced spouse’s benefits. As you may already be aware, if you are eligible for retirement benefits on your own record, we pay that amount first. If the benefit on your spouse’s record is higher, you will get an additional amount on that record so that the combination of benefits equals that higher amount. See our Retirement Planner: If You Are Divorced for more information. To see if you’re eligible for a higher benefit amount, you can contact us by calling our toll-free number 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, between 7:00 a.m. and 7:00 p.m. Generally, you’lll have a shorter wait time if you call during the week after Tuesday, or later in the day or later in the month. We hope this information helps.
Susan C.
Can a ex- spouse drawn off of his social security even if she remarried but less than a year when present husband dies?
Connolly E.
If ex-wife change is her last name can she still collect my Social Security benefits
A.C.
Hi, Connolly. A name change does not affect benefits. For more information about divorced spouse benefits, go here. Hope this helps!
Lorraine A.
If I am legally separated for 15 years but not divorced- am I still entitled to his Social Security?
Donna D.
if start to collect on my ex-husbands social security now as I am still working full time. when I go to retire, can I stop collecting on his and start to collect on mine.
A.C.
Hi, Donna. 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 our Benefits Planner: If You Are Divorced. Also, keep in mind, if you are working full-time, your earnings could affect your benefits. Check out our publication, How Work Affects Your Benefits. Hope this helps!
Tony R.
Question, what date is used to calculate the 10 years of marriage to qualify for my ex spouses social security benifit. Is it calculated using the final resolution date or the legal separation date? We filed for divorce 8 years and 4 months after marriage but our official end of marriage on our dissolution was more than 10 years Which date is used for this qualification? Thanks in advance for your response
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 on how to qualify for divorced spouse benefits and how to apply, visit Benefits Planner: If You Are Divorcedhere. Hope this helps!