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.
Dorothy D.
My name is Dorothy J DuMont and I want to know if im eligibility for his social security we were married on 12/26/77 and divorced 4/26/2011
Dorothy J.
I was married to Mark J DuMont Sr. 1977 to 2011 my name is Dorothy J DuMont and i want to know if im eligible for his Social Security
A.C.
Hi, Dorothy. 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.
Maria
My father recently remarried to a woman who is receiving benefits from her ex-husband who passed away 1 year ago. She has never worked but prior to receiving her ex-husband’s benefits she was receiving disability benefits. She is between the ages of 67-69 and my father is 78. My question is she still entitled to receive her ex-husband’s benefits if she now re-married?
L.A.
Hi, Maria. If she receives retirement or Social Security disability insurance (SSDI) benefits, her marriage will not affect her benefit. If she is receiving SSI, widow or widower’s benefits, her marriage may affect her benefit. To learn more about how marriage affects benefits, visit our Frequently Asked Questions. We hope this helps.
Nate R.
fyi
Carolyn J.
I was married Dec 1965-Mar 1982, I am 71 yo, my ex was born Jun 1941. Can I receive any SS benefits from him to spplement my $1272.00 per month I receive (after my medical insurance is deducted?)
L.A.
HI Carolyn. First, remember that if you are eligible for both your own retirement benefits and benefits as a divorced spouse, and we always pay your own benefits first. If your benefits as a divorced spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher divorced spouse benefit. Your benefit as a divorced spouse can be equal to one-half of your ex-spouse’s full retirement amount, only if you start receiving benefits at your full retirement age. If you begin to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. This reduction is permanently applied to all of the benefits for which you may qualify. Because we do not have access to your records on this forum, you may need contact us to see if you qualify for a higher benefit on your ex-husband’s record. Visit our internet page titled Retirement Planner: If You Are Divorced for more information. You may also call our toll-free telephone number at 1-800-772-1213 (TTY 1-800-772-1213), Monday through Friday between 7:00 a.m. and 7:00 p.m. if you have additional questions. We hope this helps.
cheryl s.
we were married and divorced twice. do the ten (10) years of marriage have to be consecutive years?
L.A.
Hi Cheryl. Thank you for your question. The 10 years of marriage requirement is met if the divorce became final on or after the 10th anniversary of the marriage. Even if there was an interruption (not consecutive) by a prior divorce, provided the remarriage took place no later than the calendar year immediately following the calendar year of the divorce. For more specific information about your question, you may call our toll-free number at 1-800-772-1213 (TTY 1-800-325-0778), you will have a shorter wait time if you call later in the day or later in the week. Our representatives are available Monday through Friday, between 7:00 a.m. and 7:00 p.m. We hope this helps.
Shirley b.
If you are divorced and your Ex husband dies and you are on Medicare and Medicaid do you have to take his S.S.I. if it is more than you are receiving but you do not want to lose your Medicaid or pay for supplemental Ins. and need state transportation?
L.A.
Hi Shirley. 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 Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse. For your question about Medicaid, please contact your local state welfare or social services office. We hope this information helps,
Wanda W.
I would like to apply for benefits on my ex-spouse’s social security.
Please contact me by phone – 540-547-4332
L.A.
Hi Wanda. Unfortunately, but for your security, we do not have access to personal records on this forum. We encourage you to contact your local Social Security office or call our toll-free number at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, between 7:00 a.m. and 7:00 p.m. for further assistance. We hope this helps.
William H.
Will I be notified if my ex wife decides to collect on my SS benefits?
A.C.
Hi, William. Thanks for your question. The Privacy Act prohibits Federal agencies from disclosing personal information without the person’s consent, except under certain conditions. Please visit our Freedom of Information Act web page for more information. We hope this helps.
MS
Does SS offset the the payment I would receive as a divorced spouse collecting under my former husband so I can defer my SS? I meet all the requirement collect under his but wondering about the alimony.
L.A.
Hi MS. Thank you for your questions. When you apply for Social Security benefits, alimony payments do not affect Social Security payments. However, you should consult with an attorney about this topic. To find out the amounts you may be eligible to receive under your own Social Security earnings record and under your ex-spouse’s, you may contact us at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. and 7 p.m., Monday through Friday or visit your local Social Security office. It may also be helpful for you to read our web page titled “If You Are Divorced.” We hope this helps.