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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Single n.
Hello-
I am trying to plan my retirement. I am divorced and not married but will not be 62 for 5 years. Should I wait till 67 to collect my SS which I believe is my ex spouses full retirement amount per mo.? Or should I collect at 62? I will most likely be working but not sure of the amount I only can make to keep my benefits the same. Can you help me?
V.V.
Hi Gina, thank you for using our blog to ask your question. At Social Security, we’re often asked, “When to start receiving retirement benefits”. The answer is that there’s not a single “best age” for everyone and, ultimately, it’s your choice. The most important thing is to make an informed decision. Base your decision about when to apply for benefits on your individual and family circumstances.
As an individual, you have four basic choices when it comes to work and retirement. Consider the four options laid out in our benefit matrix to help you make the best decision for you.
You may be able to get divorced spouse’s benefits but, under existing law, if you’re 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.
You can get Social Security retirement or survivors benefits and work at the same time. However, there is a limit to how much you can earn and still receive full benefits. Visit our Receiving Benefits While Working web page for details. We hope this information is helpful!
Debbie P.
Hello I am divorced, I was born in 1955 was married for 20 years and my full retirement age is 66 and 2 months. My ex will also reach his full retirement at the same time. I know I can file and get 50% of my ex-spouses full benefit which is slightly higher than mine. I called my local ss office yesterday and was told that I can file for my ex-spouses benefit in June when I reach my full retirement age collect 50% of his and either continue to work or not and let my benefit grow 8% a year up to age 70 if I choose. Whenever I decide to file for mine, they will convert from my ex-spouses to my benefit which will be higher. Is this correct? I thought I had to be born before 1954 to take advantage of this…. I am very confused. Thank you!!
Marion W.
Can my ex-husband, married him twice (once the marriage lasted for 7 years and the second lasted for 2 years) collect SSDI off of my Social Security? If so, how does that affect my social security once I decide to retire?
S.D.
Happy new year, Marion, and thank you for your question. Your former husband can only draw benefits as a divorced spouse on your work record if your marriages lasted at least 10 years. For more information, check out our Benefits For Your Divorced Spouse web page. We hope this is helpful.
Sam
Hello, I was married twice 5 years and 3 years. Last one ended 2013. can either get any of my social security?
S.D.
Happy new year, Sam, and thanks for your question. Your former spouses can only draw benefits on your work record (or vice versa) if each marriage lasted at least 10 years. For more information, check out our Benefits For Your Divorced Spouse web page. We hope this is helpful.
Darcy K.
I am 62 and I’m applying for ss. My husband passed away 7+ years ago . Can I apply for his ss , which is less then mine I think( how do I find out?) and then change to mine when I turn 68 or 70 years old.. at full retirement?
S.D.
Happy new year, Darcy, and thanks for using our blog. If you are the widow of a person who worked long enough under Social Security, you can start receiving reduced survivors benefits as early as age 60 (or as early as age 50 if disabled). If you are also eligible for retirement benefits on your own record, you can apply for survivors benefits now and switch to your (higher) retirement benefit at a later date. The earliest age you can apply for your own (reduced) retirement benefits is 62.
You can receive Social Security retirement or survivors benefits and work at the same time. However, there are limits to how much you can earn and still receive full benefits. The amount you’re allowed to earn while receiving benefits depends on your age. If you’re younger than full retirement age for the entire year, we deduct $1 from benefit payments for every $2 you earn above the annual limit. For 2021, that limit is $18,960.
In the year you reach full retirement age, we deduct $1 in benefits for every $3 you earn above $50,520 in 2021. We only count your earnings up to the month before you reach your full retirement age, not for the entire year. Beginning with the month you reach full retirement age, earnings no longer reduce your benefits, no matter how much you earn.
You cannot file online for survivors benefits, so you would need to call your local office, make an appointment, and discuss your options with the representative. 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 volume and wait times are longer than normal.
Bob M.
Hi, I was born before January 1, 1954, and not collecting SS benefits. I’m divorced (was married well over 10 years, divorced over two years). My ex spouse will turn 62 in a few months.
It’s my understanding that I can file a restricted application and receive benefits based on my ex spouse’s record and defer receiving benefits on my record until I turn 70.
I read that I can receive one-half of my ex spouse’s benefit since she’ll be eligible for benefits at 62, and I’m at my full retirement age. My question is whether I’m entitled to receive: (1) half the benefit she’ll be entitled to at her full retirement age; (2) or half the reduced benefit she’ll be entitled to at age 62.
Thanks
Joy s.
my ex husband died in Jan 2020, I was married to him for over 13 years. I am remarried & just turned 63 can I get any of my ex social security now if I apply to start drawing now? Would I draw more with his than what i would draw with just applying on my own ?
V.V.
Hi Joy, thanks for using our blog to ask your question. 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.
If you have additional questions or want to apply for benefits, 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.
stephanie j.
My ex spouse just died, he was remarried, but we were man and wife for 16 years and have 5 grown children. I collect SS and am I eligible for any of his SS benefits
V.V.
We are very sorry for your loss, Stephanie. 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 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.
Audrey W.
Hello-
I am 63.5 years old. I was married to my x-husband for 30 years. He is remarried, I am not. He also draws a pension that I receive 1/2 of. Can I draw on his benefits now since I am still working since he has turned 66.5 years without it effecting my own SS benefits that i will draw at age 66.5? Am I entitled to his now even though I am still working? Will I still get my full amount when I retire at 66.5? Am I entitled to both his/mine when I retire? Can I file for his now?
V.V.
Hi Audrey, thank you for your questions. You may be able to get divorced spouse’s benefits but, under existing law, if you’re 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.
You can get Social Security retirement benefits and work at the same time. However, there is a limit to how much you can earn and still receive full benefits. The amount you’re allowed to earn while receiving benefits depends on your age. If you attain full retirement age in 2021, the earnings limit is $50,520 but we only count earnings before the month you reach full retirement age. Beginning with the month you reach full retirement age, earnings no longer reduce your benefits, no matter how much you earn. If you’re under full retirement age for the entire year, then we deduct $1 from benefit payments for every $2 earned above the annual limit. For 2021, that limit is $18,960.
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.
Ruth
My sister is 63 and has not started collecting Social Security. She was married over 10 years and has not remarried. Can she start collecting on her own retirement benefits now and then wait until her full retirement age 66+ to collect on her ex-spouse’s benefits? (which 50% of his benefit would be more than her benefit) Or does she have to just wait until her full retirement age if she wants the ex-spouse benefit and not apply for her own earlier? Her ex-spouse is a year younger than her. Does she have to wait for his full retirement age to get 50% spousal benefit or when she is of full retirement age?
V.V.
Hi Ruth, thank you for the question. If your sister’s ex-spouse qualifies for retirement benefits but hasn’t applied, your sister may be able to receive benefits on the ex’s record if they have been divorced for at least two years.
Your sister’s benefits as a divorced spouse can be equal to one-half of her ex’s full retirement amount only if she starts receiving those benefits at her full retirement age. If she begins to receive benefits at age 62 or prior to her full retirement age, her benefits are reduced. The reduction factors are permanently applied to all of the benefits she qualifies for once she opts to start benefits at age 62 or at any time prior to her full retirement age.
Remember, if your sister qualifies for her own retirement benefits and for benefits as a divorced spouse, we always pay her own retirement benefits first. If her benefits as a divorced spouse are higher than her own retirement benefits, she will get a combination of benefits equaling the higher divorced spouse benefit. However, the divorced spouse’s benefit cannot exceed one-half of her ex-spouse’s full retirement amount (not the reduced benefit amount). So, she can only receive additional benefits if her own full retirement benefit (not her reduced benefit) is less than half of her 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 her ex-spouse’s record, your sister can call us at 1-800-772-1213 or contact her 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.