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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James
“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.”
In the last sentence above, if the former spouse is deceased, I believe the widow/widower amount payable at full retirement age is more than half of the ex-spouse’s full retirement amount. Correct?
Lavern M.
My ExSpouse had a work disability injury settlement benefit . We we’re married only 4 years but would our daughter be eligible for his social security benefits and disability benefits? She is over 21.
Ray F.
Hello Lavern! Normally, benefits for children stop when children reach age 18, unless they are disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, Social Security benefits will continue until the child graduates or until two months after the child becomes age 19, whichever is first.
Childhood disability benefits are also payable after reaching age 18, if the disability began before age 22. We hope this information helps.
Gloria p.
How come they tell me I can’t get any of my ex husbands ss we were married in 62 had 2 boys and we both work at the automobile plant, he retired with full benefits I retired early so don’t get as much penision as him, but they say we get the same ssi so therefor I can’t receive any of his ssi, I am divorced from him and single , he is now married??
Ray F.
Hi Gloria, if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount.
For example: Let’s say that at your full retirement age you qualify for a retirement benefit of $250 and a divorced spouse’s benefit of $400. You will receive your own $250 retirement benefit, and we will add $150 from your ex-spouse’s benefit, for a total of $400.
Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount -only- if you start receiving benefits at your full retirement age.
Also, keep in mind that if a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. These reduction factors are permanently applied to all of the benefits the person may qualify for.
Visit our Retirement Planner: If You Are Divorced for more information.
We hope this helps!
Walt
You may be able to get a higher widow’s benefit if the ex-hubby predeceases you.
Teresa F.
I have a question that has been bothering me and would really appreciate an answer.
I was divorced 1965. He remarried in 1967. He passed away in 2005 proceeded by his wife by 6 months. In 2013 a friend called to tell me that his family had left his ashes at a funeral home and that his wife had passed earlier and no one in his family answered many calls. I called the funeral director, a wonderful man, to ask if I could bury his ashes. I was told by the owner that it would appreciate it very much and I sent my nephew to pick up the ashes and I had him buried in my family plot. Where do I stand, if anything, from his anything including his social security?
Please have someone answer this question.
Thank you
Ray F.
Visit our Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse for information.
SAFIEH M.
HI,
SAFIEH M LUTFI
I CHANGED THE MAILING ADDRESS
I HAVE NOT RECEIVED MY CHECK BENEFITS FOR THIS MONTH
I CONTACTED THE ADMINISTRATION THEY TOLD ME THE REASON THAT THERE WAS AN ERROR ABOUT THE MAILING ADDRESS
MY MAIL BOX IS
541797
ZIP CODE 11937
ABU NSAIR , JORDAN
MY OHONE NUMBER 9626791557650
Ray F.
For security reasons, we do not have access to personal information, therefore, we cannot update beneficiaries’ records in this venue. We recommend that individuals living outside the United States contact their local U.S. embassy or consulate for any assistance related to Social Security programs and benefits. Also, our Office of International Operations home page provides more information to assist our customers living abroad.
Just a reminder – Please be cautious about posting personal information on social media. Thanks!
Msabah R.
I would like to obtain the spouse’s benefits, because i leave with her together at home.
Michael W.
My wife died in her 60’s. What about her SSI?
John
Gone with her.
Vicky C.
If my ex-spouse is still alive k62 still working can I draw on his Social Security and not affect what he will get I’m 58 drawing disability we were married over 10 years I am single now we have been divorced since 1985
Sincerely
Vicky Campbell
Ray F.
The amount of benefits you get has no effect on the amount of benefits your ex-spouse or their current spouse may receive. Visit our Retirement Planner: If You Are Divorced for more information.
Vicky C.
My ex husband died a few years back I’m on disability I’m 58 years old can I draw on his Social Security now that he is deceased I would appreciate some information on this I didn’t know any of this information until this blog come up on my emails thank you
Sincerely
Vicky Campbell
Ray F.
Hi Vicky! If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more. You can begin receiving benefits as early as age 50 if you are disabled and the disability started before or within seven years of the worker’s death. To see if you’re eligible for a higher benefit than what you’re receiving now, you will have to speak with a Social Security representative.
Please call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local office directly. Thanks!
Johnny D.
Where can I file a complaint against the Office of International Affairs Social Security? They have stopped our checks because of a yearly form which they never send! They won`t answer the phone & I keep getting a recording that says “we will call you back in 48 hours”. They never do!!! What kind of system is this? Their service is horrible! Any help out here? Thank you.
Ray F.
To submit your comment, complaint or suggestion, you can write to us or send us an email message. Thanks.