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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Judy W.
If I have s.s # can I find out if my divorced spouse has retired?
Marcy S.
I’ve been married twice and currently divorced. My first marriage lasted 16 years and second marriage lasted 5 years. If I’m reading the below information correctly, as long as I’m divorced from second spouse, I will be able to collect from first ex-spouse. I’m 58 years old and might retire at 62. Thank you for your help.
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.
Kiesha A.
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Charlene F.
I will be turning 65 soon and want to draw my ex husband’s retirement since it is more than mine is. I was married for 19 years and did not remarry. Does he need to be drawing his retirement in order for me to draw off his or just be of retirement age?
V.V.
Hi Charlene, 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.
Ann
I was married for 23 years and divorced in 2005 my ex-husband passed in 2018. We both have and had careers are entire lives. I was remarried at age 48 and my ex-spouse never remarried. Currently have been married to my second husband for 11 years. When and will I be able to collect on my ex-husbands social security and wait to collect on mine later?
V.V.
Hi Ann, thanks for using our blog. If you are currently unmarried and 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 Surviving Divorced Spouse 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.
Joyce W.
My husband devoicing after 9 yrs. His sister is
helping him sign all these papers. I’m in Texas
do I get anything other than what I’m getting now?$801.00 a month.
V.V.
Thank you for your question, Joyce. 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. Check out our Benefits for Divorced Spouse’s web page for details. We hope this helps!
Luke
I was divorced after 30 years of marriage raising 3 children (never worked) My ex husband had a good job . I remarried 3 years ago at age 58 I will be 62 next year . Since I need to be married for 10 years how do I receive social security ? my curent husband is retiring next year as well but has lived a poor life .
K.O.
Hi Luke, thanks for using our blog. If you are divorced and 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 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.
Cynthia S.
My ex spouse passed away this year..His name was Ronald B Wood from Brownsville, KY.. I don’t know if I can draw or not…but I just received my information letter from SSA and it mentioned drawing from ex spouse if passed away.. Please advise
Maureen
I am currently receiving ex-spouse benefits. Since I will be turning 70 in 2021, will my benefits automatically switch to my account or do I have to re-enroll?
Do the benefits start the date I turn 70 or the year I turn 70?
Thank you.
K.T.
Hi, Maureen. Thanks for your question. You can apply for retirement benefits at age 70 to receive all the delayed retirement credits. 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.
If you are unable or would rather not apply online, you can call us at 1-800-772-1213 or your local Social Security office and ask for assistance. 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.
Jacqueline
If I started drawing social security at my full retirement age and did not draw off my ex husband at that time can I switch now since his is higher than mine, I was married for 25 years and have been divorced over 2 years, I have been drawing mine for 2 years and my ex husband has been drawing his for 3 years
K.T.
Hi Jacqueline, thank you for the question. 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.