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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Sharon M.
What is the process needed to file to obtain ex spouse
benefits?
A.C.
Hi, Sharon. 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 here. We hope this helps.
Celeste A.
I divorced my second husband after 13 yrs of marriage. I remain unmarried . He has taken a third wife. Am I eligible for any of his soc security benefits?
Debra R.
I am reaching retirement age in Nov/2019 age 66. Can I draw my ex husband to whom I was married for 20 years RR retirement and then drop it when I turn 70 and draw the higher SS amt at 70?
L.A.
Hi Debra. Unfortunately, your question is a bit more complex that we can handle in this forum. Your ex-husband’s retirement benefits may be based on the years he worked in the railroad industry. For more information about how the railroad benefits may affect Social Security benefits, please visit our webpage where we explain more about railroad earnings. For further assistance, you may contact your local Social Security office. We hope this helps.
Stephanie M.
My ex spouse is re married and lives in a foreign country. He has been there 15 years. He has not put into the ss system.
Can he get my ss.?
Stephen B.
How does it work in the following:
Spouse married to first husband 18 years. His is age 67 and has not started collecting his SS. Estimate of his full benefit is $2861 per month that would give her at 50% $1430.
She remarried for 10 years to second husband and then divorced and has not remarried. Second spouse’s benefit (he is 66) is about $1500 per month and her 50% would be $750.
Can she select to benefit from the highest earning spouse– husband #1 or does she need to file against benefits of last spouse which would pay her half as less.
L.A.
Hi Stephen. To be eligible for divorced spouse’s benefits, you had to be married to your former spouse for at least 10 years, be age 62, and you cannot be eligible for a higher benefit amount on your own record. In your example above,we would pay the divorced spouse from the higher record, assuming she is eligible, as stated in the above. For more information, please see on how to qualify for divorced spouse benefits, visit our Benefits Planner: If You Are Divorced. We hope this helps.
Sandy g.
My ex husband is 55 and I am 62 can i collect spousal benefits now or do I have to wait until he turns 62
Rebecah M.
I was married for almost 20 years to my childrens’ father. I have been separated from my current husband for over 12 years and there will be no reconciliation. Can I file for benefits based on my ex husband’s income?
A.C.
Hi, Rebecah. 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, not be currently married, and you cannot be eligible for a higher benefit on your own record. For more information about divorced spouse benefits, visit here. We hope this helps.
Chrystal
If my late husband’s ex spouse makes a claim on his benefits how does that effect me when I become eligible to collect? Will I still be able to collect his benefits? I am not 65 yet and I am still workimg. I also make more than the limit to collect at this time.
A.C.
Hi, Chrystal. Thank you for your question. A surviving divorced spouse could get benefits just the same as a widow, provided that the marriage lasted 10 years or more. Benefits paid to the surviving divorced spouse; however, do not affect the benefit amount you can receive as a widow. We hope this information helps to clarify.
Hedy H.
How long is it legal for SS to take to process an application?
O started mine on March and still not finished.
Ellen
My ex spouse is deceased and I am wondering what age I have to be to start collecting benefits