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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Deborah J.
I am currently receiving SS benefits via my ex-spouse (I have not remarried) who recently died. How can I sign up for the full benefit due to his death?
A.C.
Hi, Deborah. 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.
Chery H.
Looking for accurate information as a widow for early retirement. I will be 62 in May and single. My husband has been deceased for 8 years. I’m investigating taking early retirement. My question… may I take early retirement at 62 based on my personal earnings (at the required reduced rate) THEN at full retirement age, take Social Security based on my HUSBANDS earnings (which is greater than mine) WITHOUT reducing the rate?
A.C.
Hi. If you are also eligible for retirement benefits (but haven’t applied yet), you have an additional option. You can apply for retirement or survivors benefits now and switch to the other (higher) benefit at a later date. For more information, visit our Benefits Planner: If You Are The Survivor. We hope this helps.
Mary
i am Disabled and no longer live with husband yet refused his SS benefits i have a right too..married over 35 years and he moved out over 2 years ago..
Tami S.
Can apply now for my ex spouse social security benefits before he is 65?
A.C.
Hi, Tami. 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.
Sherry S.
My ex-husband has died he hasn’t worked in 12 years but she did work for 21 years before that and made good money I think he learned about 80 credits. I am 58 and disabled can I collect his disability? Even though he hasn’t worked for about 12 years. He started getting paid cash to avoid spousal support. I’m pretty sure he wasn’t paid by check.
A.C.
Hi, Sherry. You are eligible to apply for survivor benefits when you reach age 60 (age 50 or over if disabled). However, there are other factors that may affect your entitlement to these benefits. You can find more information on survivors benefits here. We hope this helps.
Pamela M.
I have filed for SS. Someone at the SS office asked me for my ex-spouses phone number. She told me has the right to know if I am collecting against his earnings? Is this true? I cannot find any information anywhere stating that they are notified.
I supplied my marriage certificate and divorce certificate to SSA. It was my understanding that they did not need to know, because it doesn’t affect the amount that they are able to receive.
Please verify.
Very disturbed that she may call him. It seems like it might stir up a bad situation.
I was sorry I gave her the phone number as soon as I hung up!
A.C.
Hi, Pamela. 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. You can ask to speak to a manager on your next visit or call. We hope this helps.
Patrick C.
I am a retired CSRS covered employee with an ex-spouse (we were divorced after I retired). During a visit to my local SSA office I was educated as to how the Windfall Elimination Provision (WEP) would apply to my portion of my CSRS pension and would reduce my monthly Social Security payments by 2/3’s. I already realized the WEP might affect my monthly payment, but was unsure by how much. After being informed as to how little my monthly payments would be, I inquired as to my ex-spouse’s SS payments and how they would be affected at the time of her retirement. I was estimating that my ex-spouse would be entitled to somewhere near if not the maximum SS monthly payment. I was informed that she would not incur an WEP offset to her monthly SS payment in that her share of my pension was considered alimony to her and not a pension. Here are my three (3) questions. 1.) Were these two responses factual and correct? 2.) Will my ex-spouse receive her full SS monthly benefits with no WEP being applied? My last question, 3.) does the Social Security Administration consider her share of my CSRS pension alimony and/or maintenance? Please, I need answers to these questions. I have been unable to locate this information on your Website.
A.C.
Hi, Patrick. Thanks for your questions. Generally, a pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies) may cause the amount of your Social Security benefit to be reduced. Your Social Security benefits can be reduced based on one of two provisions: the Windfall Elimination Provision and the Government Pension Offset. These apply to the actual individual who earned the pension not covered by Social Security. If you have additional 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.
Sarah
Can I collect the full amount from my ex husbands social security retirement if I am 62 but he is 59?
A.C.
Hi, Sarah. 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. Hope this helps!
Angelyn C.
I recently received a divorce. Do I need to report this?
A.C.
Hi, Angelyn. Thanks for your question. If you legally change your name because of marriage, divorce, court order or any other reason, you need to tell Social Security so that you can get a corrected card. If you are working, also tell your employer. If you do not tell us when your name changes, it may delay your tax refund and prevent your wages from being posted correctly to your Social Security record, which may lower the amount of your future Social Security benefits. For information on how to change your name on your Social Security card, please visit our Frequently Asked Questions. We hope this helps.
Janet Y.
So I cant get either of my ex husbands social security because we were married for seven years only for both husbands? Someone told me I could but everything that I read here on your site says I can’t? Who’s wrong?
L.A.
Hi Janet. Thank you for your question. The basic requirements to be eligible to receive benefits under your ex-spouse’s record are: your marriage lasted for at least ten (10) years, you are unmarried, and both, you and your ex-spouse are age 62 or older. For more information about divorced spouse’s benefits, please visit our Benefits Planner: If You Are Divorced. We hope this information helps.