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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Kimberly L.
I was married since 1993, 2 years ago,2018. I was disabled when I married, stopped SSD cause “he was going to take care of me” when I reapplied w several new illnesses one putting me on hospice I was found unable to file due to not enough work credits. I was left w 2 young men to raise on $789. @ month. We were both born in 1961. I now find out that I can use some of his work credits to be able file. Is this true he is willing? Please advice.
A.C.
Hi, Kimberly. It sounds like you are referring to divorced spouse benefits. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, 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 our Benefits Planner: If You Are Divorced. We hope this helps.
Priscella P.
I’m entitled to my ex husbands retirement I have Medicaid will I loose my medicaid?
A.C.
Hi, Priscella. To get information about Medicaid, you will need to call your state medical assistance office. To get the local phone number, call the Centers for Medicare & Medicaid Services at 1-800-633-4227 (TTY, 1-877-486-2048). We hope this helps.
Fazina R.
I Fazina Robles was married over 20 years to USPS . I was divorce in 2016 feb . I’m collecting alimony from the court since my divorce . 900 , I can’t meet my bills and rent . I also don’t have no insurance medical . I’m turn 63 this year first month . My ?? Is if am receiving alimony if I am entitled to get my ex-husband’s Social Security as i was divorce going to be four years ??
A.C.
Hi, Fazina. 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.
Gabriele W.
I am 55 and was married for 20 years,a stay at home mom,I divorced 7 years ago and need a full hip replacement surgery,how can I collect on my ex social security being disabled?I recieve nothing,thank you
Kelly
My ex spouse recently died. I’m not sure if I can collect any survivor benefits. I am 58 yrs old, was marries for 16 years and have not remarried since our divorce in 2001. Should I visit my local SS office
LILLIE M.
Was married years Divorce, I am 65 receive disability, Question: can I apply for my for my survivor benefits even lm getting disabled check?
CHARLOTTE H.
What documents do I need to take to SS to collect my deceased x husband SS benefits ? I can not find the answer this question posted anywhere.
Caroline J.
I retired in 2017 at the age of 65yrs when getting ready for my retirement I contacted SS to see if better to collect on my on SS or my ex-husbands, and was told to it on my because would get slightly more on my own. But they failed to tell was I could collect his since mine was just a few dollars more, then collect my own later when I turned 70, which helped me with my income. I would suggest to you all tell people things like that. I realize that the government is all about keeping as much of peoples money as they can, but the extra income would have helped me immensely! So aggravating to find this out from someone outside of SS when can’ t go back and change it.
shirley b.
If a person was married for 31 years then re- married and divorced after 1 year what percentage of S.S.I. can you receive from deceased husbands S.S.I. benefits?
diane s.
can i receive ex spouse death benefits if he has not retired, even if he is retirement age. Also, would his amount be based on his income. we were married 18 years.