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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robert i.
my wife passed 5-7-2016 can i get any help from her s.s.?
A.C.
Hi, Robert. We are sorry to hear about your loss. In order for you to be eligible for survivors benefits, your wife must have worked long enough to be insured under Social Security. To learn more about benefits that may be available to you, please visit here. If you have specific questions about your situation, please call us at You can 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. We hope this helps.
David M.
My spouse has passed away Nov 21 2019 and I received a letter stating that her payment was returned asking Why ? The funeral director had his employee sent to the SS office in Scranton ,pa on the 29th to report that and Death Cert were made for me. Her SS number is *** – ** – *** Dorothy A. Miller .Phoned the number 1-866 -397-4239 and there is no call back !!—Please advise
A.C.
Hi, David. We are sorry to hear about your loss. To be eligible for a Social Security benefit payment, a person has to live throughout the entire month. We can’t pay benefits for the month of death. If the deceased was receiving Social Security benefits, you must return the benefit received for the month of death or any later months. Keep in mind that Social Security benefits are paid the month after they are due. For example, if the person dies in November, you must return the benefit paid in December. However, some of the deceased’s family members may be eligible to receive survivors benefits. For your security, we do not have access to private information in this venue. We ask that members in our Blog community work with our offices with specific questions. You can 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.
Christine Z.
At my retirement at age 66, I received half of my ex-husband’s ss amount. At 70 1/2 I’m to “click out” of his benefits and “click into” my ss benefits. Does this happen automatically or do I need to contact the ss office near me?
A.C.
Hi, Christine. Since you are currently receiving benefits, you will need to call us to schedule an appointment to file for benefits on your own record with your local office by calling us at 1-800-772-1213 between 7:00 a.m. to 7:00 p.m., Monday through Friday, and a representative will assist you. Thanks!
Cheryl H.
Can still draw late husbands benefits and draw my social security at age 62? Been drawing husbands since 2017 approximately.. We were married for 38yrs when he passed in November 2015. I had to work approximately 2yrs till I was 60yrs and haven’t worked since. Worked enough to get good retirement with 6yrs with the state of NC. How does it work I need my retirement and his social security survivors benefits to survive. Thank you for your time and response as I would like to retire as well. I also would like to know if I can apply online because I no longer live in NC and live in FL?
L.A.
Hi Cheryl. Thanks for your question. First, when we calculate your benefits as a surviving spouse, we take into consideration your own Social Security retirement benefits. If you are eligible to receive your own Social Security benefits, we pay that amount first. Then, if you also qualifies for a higher amount as a surviving spouse, you will get a combination of benefits that equals that higher amount. For information about survivors benefits, visit our Survivor Planner: If You Are The Survivor. For specific questions about your case, you may call us at 1-800-772-1213 (TTY 1-800-325-0778). We hope this helps.
Charles S.
I want to file on my ex-wife’s SS benefits
L.A.
Hi Charles. If you are divorced, you could apply for divorced spouse’s benefits on your ex-spouse’s earnings record if: your marriage lasted for at least ten (10) years, you are unmarried, you and your ex-spouse are age 62 or older, and the benefit you may receive from your ex-spouse is less than the benefit you would receive based on your own earnings record. For more information about divorced spouse’s benefits, please visit our Benefits Planner: If You Are Divorced. We hope this information helps.
Luz C.
Hi, to whom it may concern: I need to know if i haven’t work for the past 12 yrs but i will be 62 yrs next, can I apply for my ss benefits and complete my credits with my ex husbands credits even tho I decline them on our divorce can i still use them?????Thanks in advances
L.A.
Hi Luz. If you were married for 10 years or more, and you and your ex-spouse are 62 years old, you may be eligible to receive divorced spouses benefits. You cannot “decline” your right to receive Social Security benefits, if you are eligible, of course. On our internet page “If You Are Divorced” will provide you with more information. We hope this helps.
Izora A.
Can you draw from your deceased ex spouse social security and his disability benefits?
L.A.
Hi Izora. 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.
Tammy L.
i lived wih my childrens father for 27 years and we never got legally married but we did file taxes together. .. If he would die would i be able to receive his death benefits
L.A.
Hi Tammy. Please note that we, Social Security, go by the State law on marriages. If the Sate in which you live recognizes common-law marriages, you may be eligible for benefits. Please check with your local government to find out. Some of the other requirement you must meet are, number one, the 10 year-duration of marriage rule, which says you must have been married for at least 10 years before the divorce. Another basic requirement is that both of you must be at least age 62 for you to be able to collect on your ex-spouses earnings record. Also, keep in mind that if you are eligible for a higher Social Security benefit on your own record, we have to pay from your own account first, before we can pay any additional benefits. Here is some information on how to qualify for divorced spouse benefits. If you have any further questions, you may call us at 1-800-772-1213 (TTY 1-800-325-0778). We hope this helps.
Ellen S.
What if your income is only $10,000 mostly from SS. Does this affect your Ss claim for your ex husband’s Ss benefits? I am.73?
L.A.
Hi Ellen. Thanks for your question. First, to be eligible to get Social Security benefits under you ex-spouse’s earnings record, you must have been married for at least 10 years. Second, if you are eligible for benefits on your own record, we pay those benefits first. If the benefit you could get based on your own work is more than the benefit you would receive based on your ex-spouse’s work, then no benefits are payable. For more information, please click here. We hope this helps.
Priscella P.
Will I loose my medicaid when I get my ex husbands retirement?
L.A.
Hi Priscella. Please note that for your security, we do not have access to information about your account in this venue. In your situation, you will need to call your state medical assistance office for assistance. To get their local phone number, call the Centers for Medicare & Medicaid Services at 1-800-633-4227 (TTY, 1-877-486-2048). You may also wish to contact your local Medicare SHIP (State Health Insurance Program Coordinator) to discuss your health insurance options. We hope this helps.