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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Sheila
After my divorce I went to the social security office to change my social security card to my maiden name. I was told that as long as I do not remarry until after age 60, I would still qualify for benefits from my ex. Is this true? If I remarry later in my life will I no longer be eligible for benefits from my exes social security? we were married for 20 years. Thank you.
Vonda
Hi Sheila, thanks for using our blog. If you’re receiving divorced spouse’s benefits, those benefits will generally stop if you get married. If you’re receiving divorced widows benefits, you can remarry after age 60 and continue receiving the benefits. If you’re receiving divorced disabled widow’s benefits, you can remarry after age 50 and continue receiving the benefits. Check out our Frequently Asked Question for the details. We hope this is helpful information!
Mary
How do I find out what my benefit will be if I fule under my ex spouse. I want to get the maximum benefit. He receives disability social security.
Vonda
Hi Mary, thank you for the question. If you and your ex are 62 or older, you are currently unmarried, and your marriage lasted 10 years or longer, you may be able to receive benefits on your ex-spouse’s record.
Your benefit as a divorced spouse can be equal to one-half of your ex’s disability 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. However, the divorced spouse’s benefit cannot exceed one-half of your ex-spouse’s disability amount. So, you can only receive additional benefits if your own full retirement benefit (not your reduced benefit) is less than half of your ex-spouse’s disability benefit.
Check out our Benefits for a Divorced Spouse web page for other eligibility requirements and more detailed information.
To inquire about potential benefits on your ex-spouse’s record, 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.
Jane
I have been divorced for 20 years. I started to collect my SS benefits at 62, I am now 65. He is 65 also but is still working and plans to retire at 68. Am I allowed refile to collect off of his benefit before he retires, after he retires or not at all? I have been given very conflicting information. I know his benefits will be vastly greater than mine.
Thank you.
Vonda
Hi Jane, thank you for the question. If your ex-spouse qualifies for retirement benefits but hasn’t applied, you may be able to receive benefits on their record if you have been divorced for at least two years.
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. However, the divorced spouse’s benefit cannot exceed one-half of your ex-spouse’s full retirement amount (not the reduced benefit amount). So, you can only receive additional benefits if your own full retirement benefit (not your reduced benefit) is less than half of your ex-spouse’s full retirement benefit.
Check out our Benefits for a Divorced Spouse web page for other eligibility requirements and more detailed information.
To inquire about potential benefits on your ex-spouse’s record, 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.
Toni L.
My mom passed away this year she was receiving SSDI. She didn’t work. My question is would my dad as her ex-Husband be eligible for survivor benefits?
Vonda
We are very sorry for your loss, Toni. Provided their marriage lasted 10 years or more, your dad may be eligible for surviving divorced spouse’s benefits. His survivor amount would be based on your mother’s earnings. The more she paid into Social Security, the higher his benefit will be. If she was already receiving benefits when she passed away, survivors benefits are based on that amount. The percentage of that amount that your dad would receive depends on how old he is when he files as a divorced widower. We are only going to pay the highest benefit amount from either record, meaning he can’t get both retirement and divorced widowers benefits but the higher of the two.
Widowers benefit are payable as early as age 60 (for a reduced benefit) or a full widowers benefit at full retirement age or older.
Check out our Survivors web page for additional details.
SYLVIE
manuka reunion spell work like it was a dream. He is a kind man of his words, am so grateful to be at your testimony page to share my happiness to other people….. I will also drop his contact as I promise to my gratitude to his temple, he will also make it possible for you. His email [lovesolutiontemple1@ gmail. com]
thanks mrs sylvie.
Mary L.
My ex husband wants to apply for SS on my work history, he meets the qualifications. Is there any way around giving him my SS#
Vonda
Hi Mary, thanks for using our blog. Your ex can call his local Social Security office with assistance if you’re unwilling to provide the information. Keep in mind that divorced spouse’s benefits paid to your ex will not decrease your retirement benefit. We hope this helps!
Karen W.
How do I file under my x-husband’s ssn for benefits? I already collect on my own, but we have been divorced for 29 years, I never re-married, and he just died a few days ago. I want to know if my benefits would be more under his number.
Vonda
We are very sorry for your loss, Karen. 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.
SHIRLYN H.
My ex spouse died 9-20-2020, I draw disabilty, we were married 13 years and had 3 children, they are all grown, I have also remarried, can i draw any of his check, someone told me i can.
THANK YOU.
Barbara L.
I was married for almost 30 years and divorced in 2015. I am currently collecting SS but my ex is receiving twice as much. I did not have a good divorce attorney and SS was not negotiated in the divorce settlement. Since that is the primary source of my income is it possible to receive part of his SS. I am 71, ex is 69 and we are both retired. Thanks.
Vonda
Hi Barbara, 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.
Check out our Benefits for a Divorced Spouse web page for other eligibility requirements and more detailed information.
To inquire about potential benefits on your ex-spouse’s record, 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.
Sheryl H.
How do I find out how much I can draw of my ex-spouses social security? It makes a difference if I intend to remarry or not if there is a significant difference between what I can draw from him versus my benefit amount.
Vonda
Hi Sheryl, thanks for using our blog. To find out how much you may be eligible to receive on your ex-spouse’s record, please call us at 1-800-772-1213 for assistance or you can call 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.
Donna H.
How do I get a review of my benefits? I receive benefits from my ex husband’s account. I had to take my benefits starting age 62. I am currently 77. My ex husband’s full retirement was age 65. However he did not take any benefits until he was 67. He is currently 88. I was told that I should have my benefit amount reviewed as I may not be getting an accurate amount. Thank you