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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Roberta
I was married for 19 yrs and now divorced and I’m 56 years old and I receive SSD can I draw off my ex-husband’s SSI because he made much more money than I did. Or do I have to wait until I’m 62 or older?
A.C.
Hi, Roberta. 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 here. We hope this helps.
KC
This is what’s wrong with Social Security!
PATRICIA T.
How will I know when my ex-spouse dies ?
Susan R.
I called on 10/31/2019 approx. 2:30 pm I chose the call-back option and have not received a call. 720-726-5110 Until 1:30 pm Nov 1.
L.A.
Hi Susan. Thanks for letting us know. Generally, we will only contact you if you have requested a call or have ongoing business with us. Recently, scams—misleading victims into making cash or gift card payments to avoid arrest for Social Security number problems—have skyrocketed. Our employees will never threaten you for information or promise a benefit in exchange for personal information or money.
If you receive a suspicious call like this: 1) Hang up. 2) Do not provide personal information, money, or retail gift cards. 3) Report suspicious calls here. For more information on how to protect yourself, check out our Frequently Asked Questions. We hope this helps.
Patricia M.
My ex spouse and I have been divorced for over 20 years. He is 61 and I am 64 and on disability. Do I wait until he turns 62 to file for spousal benefits?
L.A.
Hi Patricia. To be eligible for divorced spouse benefits, you and your ex-spouse have to be age 62, and you cannot be eligible for a higher benefit on your own record. For more information about divorced spouse’s benefits, please visit our Benefits Planner: If You Are Divorced. For specific questions about your case, please call 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. We hope this information helps.
ed
Can I collect my deceased ex-spouse’s ssa benefits together with my own? Currently US Treasury is sending my spousal alimony checks directly deducted from his ss benefits.
Joyce
II was married on January 1, 1978 and divorce on January 27, 1987. Will I be able to draw spouse benefits.
A.C.
Hi, Joyce. 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.
Judy
I have been married over 10 years to my ex-husband. I’ve been divorced for over two years. He never worked during our 10 year marriage, only prior to that. But I still get Social Security benefits?
A.C.
Hi, Judy. 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. Thanks!
Diane
I am soon to be 61 yrs. old – my ex and I were married 7 years – divorced 25 yrs — he owes back child support of $108,000 — he is currently in hospice – when he passes can I collect his social sec. benefits in lieu of child support pmnts. He has no other money that will be left for his daughters who are now in their early 30’s.
A.C.
Hi, Diane. We are sorry to hear about your situation. This may not be the news you want to hear but if you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. For more information, visit our Benefits Planner: If You Are The Survivor. We suggest you continue to work with your local Child Support Bureau for guidance in your particular issue. Thanks.
Trina
My ex spouse and I were married and divorced in 9 years, and then remarried again then divorced in under 3 years. Can she still get benefits? The rules I read show ten years or more. Does this need to be consecutive years? There were two years in between each marriage.
L.A.
Hi Trina, good question. To be eligible for divorced spouses benefits, you and your spouse would have had to be married for at least 10 years. You stated you were divorced and remarried two (2) years later. To meet the 10 year-duration of marriage rule, the remarriage had to have occurred within one (1) year of the divorce. Also, keep in mind, you cannot be eligible for a higher benefit on your own record. Here is some information on how to qualify for divorced spouse benefits. We hope this helps.