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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Wendy G.
Am I correct in understanding that I can collect the full value of my ex-husband’s Social security monthly payments, if we have been married for 25 years and are divorced for over 2 years?
R.F.
Hi Wendy, if you meet all other eligibility requirements, and your ex-spouse has not applied for retirement benefits, but can qualify for them (age 62 or older), you can receive benefits on their record if you have been divorced for at least two years.
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.
Generally, if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will 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.
Please visit our web page “If You’re Divorced” for more information. Thanks!
Chiquita D.
My ex-spouse was supposed to pay me only $100 a month when we divorced in 2012. He has not paid me one cent I have been struggling. Now in 2018 I should at least be able to get help thru retirement, I turn 62 on tomorrow Feb. 21, 2018. God will provide.
Connie P.
My husband passed away in April of 2017. His ex wife is receiving more money of his social security than I am and they have been divorced for several years and she has been remarried at least twice since they were married. I am confused.
Shirley L.
What do I need to do to get taxes taken out of my SS check
R.F.
Hi Shirley, you can ask us to withhold federal taxes from your Social Security when you apply for benefits. If you are already receiving benefits you’ll need to submit a Form W-4V from the Internal Revenue Service (IRS). See our Benefits Planner: Withholding Income Tax From Your Social Security Benefits web page for complete information on this subject. Thanks!
Lenore
Can I receive benefits form my spouse being legally separated. I’m disable and my spouse nolonger carries me on his income tax, we used to file jointly. Can I still receive some of his income tax being still married to my spouse. Mrs. Lenore
Walt
Although you are separated, you ARE still married. Normal provisions apply. The income tax question is not relevant to SSA benefits..
R.F.
Hi Lenore, for tax questions, you will need to contact the IRS. Their toll-free number is 1-800-829-1040.
For information on how you can get Social Security benefits on your spouse’s record, see our Retirement Planner: Benefits For You As A Spouse. We hope this helps.
Rita L.
does SS cover portable oxygen I have copd and these tanks are so heavy I’m 67 and only weight 112 pds. and the excess weight is so hard I hate to leave the house. And the pull along has caused me to fall a few times and I don’t want to break a hip or leg. Please contact me and let me know. Rita
R.F.
Hi Rita. Please visit http://www.medicare.gov or call Medicare’s toll free number at 1-800-MEDICARE (1-800-633-4227) TTY users should call 1-877-486-2048. Thanks!
Jamine C.
What about resadental custaed and she get paid for y’all’s kid but works and mairred also in com tax not in cluding milatray but just joint tell 18 thanks
Janet R.
I would like to apply for these benefits. I know effect
Fest T.
What about widows
Fest T.
Can I get my dead wife benefit
R.F.
We should be notified as soon as possible when a person dies. You cannot report a death or apply for survivors benefits online. To learn more about Widow’s or Widower’s benefits, please call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks.
Mm
If a spouse is on SSDI and other spouse had to collect ssa retirement before 66.. how does that work when spouse dies?
R.F.
To learn more about widow’s or widower’s benefits, please visit our Survivors Planner. For further assistance, call our toll free telephone number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks.