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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Amanda L.
My mom was married to my dad for 30 years. They divorced, and both of them remarried. She was married to her 2nd spouse for 13 years, but they recently divorced. She is currently receiving benefits from her 2nd spouse. My dad’s benefits would be higher and helpful (as I am helping her financially) ..can she receive benefits from the 1st spouse instead?
Vonda
Hi Amanda, thanks for using our blog. If your mom is currently unmarried, she may be able to receive benefits on either ex-spouse’s record if both marriages lasted 10 years or longer. Check out our Divorced Spouses Benefits web page for additional details.
Your mother can contact her local Social Security office to inquire. 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.
Adam j.
I recieved ssdi My daughter was awarded a survivor benefit. A year or less later I married I now have 2 stepchildren are the eligible for a benefit also they live with my wife and I full time
Sharon L.
I was born 2/51 and opted to take reduced benefits at 62. I am getting ready to turn 70 which I believe is full benefit age. I was married for over 10 years, have not remarried, and my ex-husband is not of age to receive benefits yet. Can I at age 70 draw 50% of his full benefits even though he is not of age to draw full benefits?
Also, if his benefit amount increases due to his income will my benefit amount increase or should I wait until he quits work to see if his benefit amount will increase?
Vonda
Hi Sharon, thanks for using our blog. If you are divorced and currently unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. Your ex doesn’t have to be full retirement age, just entitled to Social Security retirement or disability benefits. Your benefit as a divorced spouse can be equal to one-half of your ex’s full retirement amount only if you start receiving those benefits at your full retirement age. If you begin to receive benefits at age 62 or prior to your full retirement age, your benefits are reduced. The reduction factors are permanently applied to all of the benefits you qualify for once you opt to start benefits at age 62 or at any time prior to your full retirement age.
Remember, if you qualify for your own retirement benefits and for benefits as a divorced spouse, we always pay your own retirement benefits 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 divorced spouse benefit.
Check out our Benefits for a Divorced Spouse web page for other eligibility requirements and more detailed information.
You can apply online by using our Social Security Retirement/Medicare Benefit Application to apply for retirement, spouse’s, divorced spouse’s or Medicare benefits.
Bonnie G.
I’ve been collecting disability payments. My husband passed away this year. I made more than he did so I didn’t qualify for a increase. My benefits decreased in the amount of approx. 800.00. The only change in my finance is I am now receiving $1,400 approx. from pers. is this why I got a decreased?
Vonda
For your security, Bonnie, 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 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.
ROBERT R.
I HAVE BECOME DISABLED AND APPROVED FOR DISABILITY. HOW DO I APPLY FOR BENEFITS FOR MY SON UNDER MY RECORD?
Vonda
Hi Robert, thanks for using our blog. Please contact your local Social Security office. 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.
Jerry C.
My Fiancé is currently collecting SS benefits which includes partial of her ex Husbands benefits, If we get married will she lose that part of her benefits or will she continue to receive them after we are married?
Vonda
Hi Jerry, thanks for using our blog. Check out our Frequently Asked Questions web page for details on how marriage may affect benefits. We hope this helps!
Pamela F.
I was married for 22 years. Been divorce for 13 yrs. Could I collect part of his social security if our divorce claims that I I don’t receive any of his retirement benefits?
Vonda
Hi Pamela, thanks for using our blog. If you are divorced and currently unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. Your benefit as a divorced spouse can be equal to one-half of your ex’s full retirement amount only if you start receiving those benefits at your full retirement age. If you begin to receive benefits at age 62 or prior to your full retirement age, your benefits are reduced. The reduction factors are permanently applied to all of the benefits you qualify for once you opt to start benefits at age 62 or at any time prior to your full retirement age.
Remember, if you qualify for your own retirement benefits and for benefits as a divorced spouse, we always pay your own retirement benefits 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 divorced spouse benefit.
See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
You can apply online by using our Social Security Retirement/Medicare Benefit Application to apply for retirement, spouse’s, divorced spouse’s or Medicare benefits.
Tim
My ex-wife is receiving Social Security Disability. We were married more than 10 years and is unmarried. She turned 62 in August 2020. I turn 62 in January 2021. Will she still receive her SSA Disability in full as well as the amount she qualifies for from my Social Security record? How does the SSA treat those former spouses who are also disabled?
Vonda
Hi Tim, thanks for using our blog. If divorced and currently unmarried, she may be able to receive divorced spouse’s benefits on your record. Her benefit as a divorced spouse can be equal to one-half of your full retirement amount only which is then reduced if she files prior to her full retirement age.
If she’s already receiving Social Security disability benefits, we always pay that benefit first. If benefits as a divorced spouse are higher than her own disability benefits, she will get a combination of benefits equaling the higher divorced spouse benefit.
See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
Our system is set up to take applications four months in advance, and when you’re ready, you can apply for your retirement benefits online.
Julie V.
I was married for 28 years, have been divorced from my husband for 20 years. He is 71, I am 70. I’ve been receiving SS since I was 62. He is still working and am not sure if he’s receiving any SS yet.
I am receiving a portion of his SS, along with my own SS. If he were to die, would my benefits decrease due to his death, or increase due to his death? Would I be entitled to survivor benefits too?
Vonda
Hi Julie, thanks for using our blog. If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. Benefits paid to you as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record. If you remarry after you reach age 60 (age 50 if disabled), the remarriage will not affect your eligibility for survivors benefits.
You may be able to receive full benefits at your full retirement age for survivors or reduced benefits as early as age 60.
Check out our Survivors Planner web page for additional details.
Maria A.
My ex-husband just past away. I am now divorced from my second husband. However the deceased never remained. Am I entitled to his benefits? I recently applied for retirement at 62 yrs. of age. He was 74 yrs. of age at his passing
Vonda
We are very sorry for your loss, Maria. If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. Benefits paid to you as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record. If you remarry after you reach age 60 (age 50 if disabled), the remarriage will not affect your eligibility for survivors benefits.
You may be able to receive full benefits at your full retirement age for survivors or reduced benefits as early as age 60.
Check out our Survivors web page for additional details.
To apply for benefits, 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.
Laura B.
I was married to my ex spouse for 26 years; he passed away 4 months after the divorce. His previous ex spouse with whom he was married to for 15 years has applied for and is receiving social security benefits from him. I am not yet 62 years old. Can I also apply for his social security benefits when I turn 62? Would it then reduce her amount if I am awarded benefits?
Vonda
Hi Laura, thanks for using our blog. If you are divorced and currently unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. Your benefit as a divorced spouse can be equal to one-half of your ex’s full retirement amount only if you start receiving those benefits at your full retirement age. If you begin to receive benefits at age 62 or prior to your full retirement age, your benefits are reduced. The reduction factors are permanently applied to all of the benefits you qualify for once you opt to start benefits at age 62 or at any time prior to your full retirement age.
Remember, if you qualify for your own retirement benefits and for benefits as a divorced spouse, we always pay your own retirement benefits 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 divorced spouse benefit.
The amount of benefits you receive as a divorced spouse has no effect on the amount of benefits your ex-spouse or their current spouse may receive.
See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.