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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Joy L.
I was told by the SSA in Lafayette, IN that I could not collect on my ex spouses benefit. The requirements, as I have read them, are you have to have been married at least 10 yrs, (I was married to my ex spouse 25 years), also my ex spouses benefits be higher than what mine is, which I’m sure his is. I am 64, single and am living on $1,043.00 per month. It’s simply not enough to survive. I would like to know if I qualify for ex-spousal benefits and how do I go about that?
A.C.
Hi, Joy. 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 unmarried, 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. For additional specific questions about your eligibility, please 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.
wendy
I took early SS at 62. I am now 71. Can I switch over to his social security?
L.A.
Hi Wendy. Please note that for your security, we do not have access to your Social Security record in this forum. Please call our toll-free number 1-800-772-1213 (TTY 1-800-325-0778). We hope this helps.
Deanene B.
Will you please tell me how much I’ll get?
L.A.
Hi Deanene. For your security, we do not have access to your personal information in this forum. For specific questions about your account, please call our toll free number, 1-800-772-1213 (TTY 1-800-325-0778), from Monday through Friday, between 7:00 a.m. and 7:00 p.m. We hope this helps.
Vickie P.
I am on SSI I am turing 66 in February. Can I file for regular SS on my former husbands name and get regular SS. And if I can would I be eligible for medicare. thank you
L.A.
Hi Vickie. To be eligible for divorced spouse benefits, you and your ex-spouse have to be age 62, you must have been married for at least 10 years, 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. We hope this information helps.
S S.
Thanks, this was so helpful to my friend
L.A.
Hi. We’re pleased we can help. We will continue our efforts to meet your requirements and expectations in the years to come.
Paul b.
My ex wife has als and is completely disabled.i have retired to be her caretaker.we were married for 37 years and have been divorced for about 18 month.she is 57 and I’m 59.can she collect my social security benefits?
L.A.
Hi Paul. We are sorry for what your ex-spouse is going through. Please note that Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability. For adults, we use a five-step evaluation process to decide whether the person is disabled. We consider any current work activity your ex-spouse may be doing, her medical condition, and how it affects her ability to work. You may read more about our disability benefit programs on our webpage titled Benefits Planner: Disability. You may call our toll free number, 1-800-772-1213 (TTY 1-800-325-0778), from Monday through Friday, between 7:00 a.m. and 7:00 p.m. You may also contact your local Social Security office. We hope this helps. We hope this helps.
Becky S.
What kind of financial benefits are there for caretakers?
L.A.
Hi Becky. Thanks for your question. We do not pay caregivers. However, you may be eligible to receive social services from the state in which you live. These services include free meals, housekeeping help, transportation, or help with other problems. To get information about services in your area and find out if you qualify, you will need to contact your state or local social services or welfare office. We hope this helps.
Deborah L.
I am currently receiving my SS benefits and working part time. I am divorced but was married for 12 years. My ex is still working full time. When can I apply for his SS benefits? Does he have to be retired inorder for me to receive his SS?
L.A.
Hi Deborah. 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. Your ex-spouse does not have to have filed for benefits, but, again, both, you and your ex-spouse have to be age 62. 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.
Geral A.
I’m 67 and not collecting SS. My ex husband is 69. If I collect on his SS, can I still collect my full SS amount at 70? We were married 10 years. I have not re-married.
L.A.
Hi Geral. To be eligible for divorced spouse benefits, you cannot be eligible for a higher benefit on your own record. Also, if you were born before January 2, 1954, and have already reached full retirement age, you can choose to receive only the divorced spouse’s benefit and delay receiving your retirement benefit until a later date. If your birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If you file for one benefit, you will be effectively filing for all retirement or spousal benefits. 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.
nancy
Attn: Jim Borland
I am on hold for SS now, starting at 12:45 – 11-4-2019.
It is 4:00 p.m. and holding. after 1st and 2nd wait was
told she could not help me and would transfer my call.
I have a letter and need to response. I then went on line as robot suggested. Its a bigger JOKE, here we are getting all that information you giving me, getting to the Fifty Millions SS people, robot information, I I think he is short, add in everyone from other countries we take care of. Any help you can give me to talk to (anyone) please advise. Closing 4:07 P.M. 11/4/2019
Nancy Sobo 253 854 6743
A.C.
Hi, Nancy. We are sorry to hear you have had difficulty reaching us by telephone. If you still need assistance, you can click “Get Help” in your personal my Social Security account to “Ask a Question”. Click “Talk to an Expert” for a call back. Just a reminder – please be cautious about posting personal information on social media. We hope this helps.