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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Debbie
I just was let go from my job of 15 years and have a 403b. Do I reinvest or withdraw and put in savings as I have no clue. I am 60 yrs. Thanks
Deborah
I was married for 9 years to an ex husband who died. Am I entitled to anything for the years married? I also remarried after he died and believe he never remarried. Thank you
Vonda
Hi Deborah, 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. Check out our Benefits For Your Divorced Spouse web page for more information.
Eugene K.
Helping my mother in law apply for these benefits. I saw reference on another source that for her privacy, her ex-husband will not be notified or aware of her application. Is that true?
While I know his benefit will not be impacted it is a touchy situation and trying to decide how much info needs to be shared there first.
Vonda
Hi Eugene, thanks for using our blog. Although the ex is entitled to know certain information about individuals who are or who have been entitled on their record, we do not notify the ex when someone files for benefits on their record. If the ex inquires, the only information they are entitled to receive is the name of the beneficiary, the collective benefit amount and the date of entitlement. We hope this is helpful!
David R.
Hello,
I was married from age 27 for 21 years, was divorced for 9 years and just remarried.
At retirement age, will my ex be able to draw on my SS, if so how much? and will my new wife be able to draw, if so how much ?
Also will this effect my monthly benefit amount I would receive.
Thank you
Vonda
Hi David, thanks for using our blog. If you are divorced, your ex may be able to receive benefits based on your record (even though you have remarried) if:
– The marriage lasted 10 years or longer.
– They’re unmarried.
– They’re age 62 or older.
– The benefit that they’re entitled to receive based on their own work is less than the benefit they would receive based on your work.
– You are entitled to Social Security retirement or disability benefits.
If your ex-spouse qualifies they may receive a monthly payment of up to one-half of your retirement benefit amount. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.
Check out our Benefits For Your Divorced Spouse web page for more information.
Sherry J.
I need access to the Social Security Rule Book that has the exact language for the Ex-Spouse Benefits for the Divorced, Retired Spouse, who was married 10 years. I need the link to the Rule Book online. It is not the Red Book and it is not the Blue Book. How to I access the Social Security Rule Book that has the rules for the Ex-Spouse Benefits when the wife was married for 10 years, divorced, and retired. I need the exact language and reference site to these rules.
Vonda
Hi Sherry, thanks for using our blog. Our Program Operations Manual System (POMS) is available online.
If you are divorced, you can receive benefits based on your ex-spouse’s record (even if they have remarried) if:
– Your marriage lasted 10 years or longer.
– You’re unmarried.
– You’re age 62 or older.
– The benefit that you’re entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
– Your ex-spouse is entitled to Social Security retirement or disability benefits.
Check out our Benefits For Your Divorced Spouse web page for more information. We hope this helps!
Kathleen c.
I was married from 1976 until 1996 when we were divorced. I have never remarried. I applied for benefits through my x – spouse of which a few benefits were paid. Now I have received a notice that I am not elidable for his benefits? the notice says that I made more then he did? This is beyond impossible financial fact, as my employment has always revolved around minimum wages . What prevents a person to claim a divorced spouses benefits after 20 years of marriage prior to the divorce. Again, I have never remarried.
Vonda
For your security, Kathleen, 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 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.
Brenda H.
You are entitled to draw from your husband’s social security if his ssi is greater than yours.
Tina W.
I am still married to my husband. But we have been separated for the last 24 years. Can I draw from his benefits?
Vonda
Thanks for using our blog, Tina. As long as you’re legally married, you may be able to get spouse’s benefits but, under existing law, if you’re eligible for benefits both as a retired worker and as a 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.
Your benefit as a spouse can be equal to one-half of your husband’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 spouse, we always pay your own retirement benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit. However, the spouse’s benefit cannot exceed one-half of your husband’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 husband’s full retirement benefit.
Check out our Benefits For Your Spouse web page for more details.
yolanda c.
can you still get your ex spouses social security benefit if
you get remarried to your ex spouse
Denise C.
I am a disabled 62 year old former spouse getting disability pay. Can I apply on my former spouse’s disability pay? He is 2 years and 11 months younger than me, or do I have to wait until he is 62? Thanks.
Jayne U.
I am 82 years old and drawing my social security
Can I draw on my late husbands social security
I remarried at age 51
Dirk D.
No
Jayne U.
I am 82 years old I remarried when I was 52 can I draw on my late husbands social security
Vonda
Hi Jayne, thanks for using our blog. If you remarried before you reached age 60 (age 50 if disabled), you cannot receive benefits as a surviving spouse while you are married. Check out our If You Are The Survivor for additional details.