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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Maria P.
In 2016,I filled for benefit under my ex record and suspend mine, I thought everything was fine until I got
a letter this year, letting me know that I was overpaid bc of the bipartisan budget law of 2015. Married for 31yrs, divorced four(when I filled), dob11/50, at the time of filling was at full retirement age. Don’t know what to do, already file for waiver, keep reading the new law and I think it does not apply to my case. They said that I should had filled
before April of 2016.
Thank You,
sylvia M.
I worked as a teacher and then I became disabled from Kentucky in 1997. I started receiving retirement disability at that time. In 2016 I stared receiving social secutiry because I paid social security in other jobs. When I appied for social security, they told me I could receive social security from my ex-husband.
Now they tell me I owe $11,400 because I did not pay social security as a teacher. I am devastated, I am disabled and my social security income has come down to $450 a month and my retirement is now $1200 a month. The law changed in 2004.
I need an attorney and cannot find one. Could you help me?
V.V.
Hi Sylvia, thanks for using our blog. If you do not agree with the decision, you have the right to appeal. Many people handle their own appeals. A representative familiar with Social Security’s programs can provide a valuable service to you. However, the decision whether or not to seek the services of a representative (attorney or other qualified person) is up to you. More information about representatives can be found in our publication, “Your Right to Representation”. If you need help requesting a review, call us at 1-800-772-1213 for assistance or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.
Deborah T.
So if my ex draws on my social security it doesn’t effect me ?
V.V.
Hi Deborah, thanks for using our blog. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive. Check out our Benefits Planner: Benefits for your Divorced Spouse for additional details. We hope this helps!
Norman K.
I am trying to notify the SSA about the death of my wife, Wilma Lee Ross and her SS# *** – ** – ***. She passed away on October 22 in the Medical center of Aurora Hospital, Aurora Colorado. I tried calling today at about 12:20 and was on hold for over 20 minutes. When the agent answered all we could hear on each of our phones was loud static. We are planning of putting her OB online next week and I am hoping to avoid and chance of her SS# being hacked.
V.V.
We are very sorry for your loss, Norman. Typically, the funeral director notifies us of an individual’s passing by contacting the local Social Security office. To verify this information was reported, you can call us at 1-800-772-1213 or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.
Kathy M.
If I opt to draw ex-spousal benefits and say my payment was 1100/mo, could I later switch and draw “my” social security later, if it were more, say 1400.00?
V.V.
Hi Kathy, thank you for your question. You may be able to get divorced spouse’s benefits but, under existing law, if you are eligible for benefits both as a retired worker and as a divorced spouse, you must apply for both benefits and you’ll receive the higher of the two benefits. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have also applied for the other.
However, if you turn 62 before January 2, 2016, deemed filing rules will not apply if you wait to file at your full retirement age or later. This means that you may file for either a divorced spouse’s benefit or your retirement benefit without being required or “deemed” to file for the other. Check out our Frequently Asked Questions web page for details.
Randy A.
How do I check on the status of my ex-spouse’s application for benefits through my social security retirement?
V.V.
Hi Randy, thanks for using our blog. Due to the privacy act, you cannot check the status of your ex-spouse’s application. You can only check the status of your own application.
Lulu
I’m not getting half of my ex’s ss but smaller percentage. Married to him 13 years. Should I call SS adm back!
V.V.
Hi Lulu, thanks for using our blog to ask your question. We will always pay your own retirement benefit first. If your benefits as a divorced spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit. However, the spouse’s benefit cannot exceed one-half of your ex-spouse’s full retirement amount (not their reduced benefit amount). So, you can only receive additional divorced sspouse’s benefits if your own full retirement benefit (not your reduced benefit) is less than half of your ex-spouse’s full retirement benefit. If you file before your full retirement age, your own retirement and your divorced spouse’s benefit is reduced.
Generally, during the initial interview when applying for Social Security benefits, we typically explore all other benefits that could yield you a higher benefit amount. To find out if you are eligible for a higher benefit amount, you can call us at 1-800-772-1213 or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.
Linda A.
I need to report my husband’s death
V.V.
We are very sorry for your loss, Linda. Typically, the funeral director notifies us of an individual’s passing by contacting the local Social Security office. To verify this information was reported, you can call us at 1-800-772-1213 or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.
Check out our Factsheet on How Social Security Can Help When a Family Member Dies for more details.
Barbara R.
I Will Be Turning 60 next Month and I Am On Disability. I am Requireing about My Exhusbands Retirement Account and If I would Recieve funds?
V.V.
Hi Barbara, thanks for using our blog. If your ex-husband worked long enough under Social Security, there may be benefits payable to survivors. You may be eligible for reduced widows benefits as early as 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 husband’s death. You may be eligible for benefits regardless of your age if you’re caring for the deceased’s child who is under age 16 or disabled and receiving benefits on the deceased’s record. Survivor benefit amounts are based on your husband’s earnings. The more he paid into Social Security, the higher the benefits would be. The benefits will not be established automatically, you will have to contact us. For additional information, visit our Survivors Planner.
If you would like to apply, call us at 1-800-772-1213 for assistance or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.
treasa D.
thats not right my ex’s collected money from taxes filing jointly and just because i remarried i cant collect from them i will be 62 next year i have 3 ex’s and one is deceased why cant i collect from any of them not ssure if the other one is still alive but my recent ex is still alive