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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Angela
I’m a widow and 62 years old ..soon to remarry … do I have to file for my late husband’s SS before I remarry or does that not matter when I apply?
cynthia
Im divorced since 2014 married over 25 years, 60 yrs old, currently on social security disability, with ex-spouse still working and whose income has been more than 4 times my salary, and cant find any information if Im entitled to any of his social security benefits…
L.A.
Hi Cynthia. Thank you for your question. For you to be eligible for divorced spouse benefits on your ex-spouse’s earnings record, you have to be be at least 62 years old and your ex-spouse also has to be at least 62 years old. You can find more information on how someone can qualify for divorced spouse’s benefits here. We hope this helps.
Patricia O.
I would like to set up an appointment to speak with someone about applying for my ex-husbands SS. He is 68 and has not applied yet and I am 66 and I would prefer to take mine at 70. I have all of the paperwork needed but I need a time and place to meet with one of your representatives.
Thank you, Patricia O’Donnell
L.A.
Hi Patricia. You can schedule an appointment with your local Social Security office by calling us at 1-800-772-1213 (TTY 1-800-325-0778) between 7:00 a.m. to 7:00 p.m., Monday through Friday, and a representative will assist you. You’ll have a shorter wait time if you call later in the day. We hope this helps.
Phyllis Z.
If you were married more than 10 years and get divorced, then remarried after 60 years of age, would you be entitled to the ex spouses benefits if and when he dies?
L.A.
Hi Phyllis. Thank you for your question. If you remarry after you reach age 60, and your former spouse dies, you may be eligible for benefits on your deceased spouse’s Social Security earnings record. If your new spouse is a Social Security beneficiary, you may want to apply for spouse’s benefits on that record. If that amount is higher, you may be entitled to the higher amount, based on both records. For more information on remarrying and its effect on your survivor benefits, please visit our Benefits Planner: Survivors | If You Are The Survivor. We hope this helps.
Warner S.
At agge 85, I have social security; I pay a quarterly payment for my wife since she didn’t have enough quarters to qualify. She’s 81. What happens to social security payments to her if I pass away?
L.A.
Hi Warner. Thanks for your question. In the event that you die, your wife may be eligible to spouse’s benefits based on your earnings record. For information on survivor benefits, please see our internet page titled “Benefits Planner: Survivors | Planning For Your Survivor” We hope this helps.
Connie A.
I was married for over 21 years and divorced now for 7. Neither one of us re-married. He recently passed at the age of 65, I am 60 years old. He had been collecting social security because he was not working much due to his illness.
Am I eligible for a survivor benefit even though I have been divorced from him?
If so, could I start collecting the benefit at my age?
A.C.
Hi, Connie. If the marriage lasted for at least 10 years, you could be eligible for surviving divorced spouse benefits based on your ex-husband’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. You can also contact your local Social Security office. We hope this helps.
Gloria C.
what if I have been remarried and I am legally seperated? Can I still draw from my first ex husband?
Angela F.
How do I apply for spouse benefits I’m not divorce but I will be soon I have not lived with my husband 3 year’s now.
GG
Question,
I’m divorced and my ex begain receiving ss at 62. He is much older then I and has been ailing. If he should pass would I be eligible for what would of been his full retirement at age 65 if I wait for my full retirement age or would it be still be half?
Thx
Jacob
Now I get benefits for widowers. I applied when I was 60 years old. I am now 68. Can I get my own benefits if they exceed it? I found the good article http://www.ssa.gov/planners/survivors/ifyou.html , but I have some questions.
Thank you for your help.