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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Alfonzo B.
If a man was married to a woman for fifteen years and divorce her and remarry for four years then he died. Is the first wife entitle to his social security benefits. The first wife never remarried. Neither wife’s is sixtyTwo year old. So is entitled to his benefits?
A.C.
Hi, Alfonzo. Thank you for your question. Both of them may receive benefits under the deceased husband’s record. A divorced spouse of a worker who dies, could get benefits jut the same as a widow, provided that their marriage lasted 10 years or more. The benefit amount paid to a widow and to a surviving divorced spouse does not affect their benefit rates or that of any other survivors that can receive benefits on the worker’s record. For more information, visit our Survivors Planner. We hope this helps.
Almyra L.
I will be 70 yrs. old in Sept. 2020. I was married twice over 10 yrs. I have never remarried since last divorce. I was told at S.S. office in Rolla, MO I could NOT draw until my ex spouses were deceased. Is this correct? (Both are still living & made more than my current S.S.)
A.C.
Hi, Almyra. 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 our Benefits Planner: If You Are Divorced. We hope this helps.
Brenda
I filed early retirement at 62 and am receiving benefits. Now, my ex-spouse filed at FRA a few months ago. I meet the guidelines of ex-spouse; can I now receive 50% of my ex-spouse benefits?
Thank you!
A.C.
Hi, Brenda. 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 our Benefits Planner: If You Are Divorced. For specific questions, 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.
Kiel
This blog needs to be updated because of the change in the law in 2016. This link needs to be removed under the words former spouse’s record: https://blog.ssa.gov/ex-spouse-benefits-and-you/
BART
I WAS TOLD BY THE LOCAL SOCIAL SECURITY OFFICE THAT I HAD TO FILE FOR MY SOCIAL SECURITY BENEFIT BEFORE MY EX SPOUSE COULD FILE ON MINE
I AM 65, SHE IS 62
WE MEET THE OTHER CRITERIA FOR HER TO COLLECT OF MY SOCIAL SECURITY
A.C.
Hi, Bart. To be eligible for divorced spouse benefits, your former spouse had to be married to you for at least 10 years, and she cannot be eligible for a higher benefit on her own record. For more information on how to qualify for divorced spouse benefits, visit our Benefits Planner: If You Are Divorced. We hope this helps.
Allen
I have been disabled for 9 years . i am 61 years old. I am not married. My wife passed away in the year 2000. Will i get my deceased wifes benefits along with my disability.thanks
A.C.
Hi, Allen. 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.
Rudy M.
Hello,
My ex wife and I divorced 2 years ago, we were married for 18 years she is 50 and I am 48 we are both disabled and are on SSDI. Now I just need clarification that in order for her to collect off of my record since I was the bread winner she must wait until age 62 or be on disability to collect the hire amount from my record. I am confused how this work? I get how it works for retirement couples but for disabled couples that are divorced how does this work? Thanks Rudy
A.C.
Hi, Rudy. To be eligible for divorced spouse benefits, you and your former spouse had to have been married for at least 10 years, she must be age 62 or older, and she cannot be eligible for a higher benefit on her own record. For more information on divorced spouse benefits, visit here. We hope this helps.
Susan L.
I have been collecting social security for 7 years. Can I be entitled to my ex spouse’s social security?
A.C.
Hi, Susan. 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, please visit our Benefits Planner: If You Are Divorced. We hope this helps.
Celeste G.
Do I have to wait till I’m 62 (59 right not) to collect my ex-spouse benefits? He died this year and had disability SSI and regular social security retirement – I think.
A.C.
Hi, Celeste. Thanks for your question. If your marriage lasted for at least 10 years, you may be eligible for surviving divorced spouse benefits based on your ex-husband’s earnings, beginning at age 60. If you are disabled, you could begin receiving benefits as early as age 50 if the disability started before or within 7 years of your ex-husband’s death. For additional information on survivor benefits, check out our Survivors Planner. We hope this helps.
Diana T.
I am receiving 50% of my ex husband’s social security benefits to satisfy unpaid child support. If my ex dies before the past due support is paid off will I continue to draw my monthly amount from his SSA account or will the money stop?