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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CALISTA E.
I was married 14 yrs, 2children,divorced with no child support/alimony have struggles all of these years raising my children. I just found out I can claim S.S. Benefits from my ex-husband. I am retired , handicapped, and 78 years old. Extra money sure would help.
Vonda
Hi Calista, thanks for using our blog. 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.
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.
Cynthia C.
My second husband recently passed away. My first husband died in 2006. Would I be eligible to collect benefits on my 1st husband’s record at 100%? I do have benefits under my name, and expect to receive my current husband’s death benefits. I was married to my first husband for 26 years, and my second marriage was 25 years.
Vonda
We are very sorry for your loss, Cynthia. It is possible for a person to be eligible for benefits from different records at the same time. However, we are only going to pay the highest benefit amount from either record – meaning that you will only be allowed to receive one payment.
If you are the widow of a person who worked long enough under Social Security, you can start receiving reduced survivor’s benefits as early as age 60 (50 if disabled). If you are also eligible for widow’s benefits on another record, you may have an additional option. You can apply for retirement or survivors benefits early and switch to the other (higher) benefit at a later date.
To discuss these options, you will need to 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.
Christie
Hi, I was married for 11 years but divorced. Can I collect at 62 on his ss even if he isn’t retired yet? If yes, how do I find out how much it will be?
Thanks
Vonda
Hi Christie, 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.
Patricia
I am 62, retired with a public school state pension (not SS). My ex-husband is 64 and has received SSI disability beginning when we got married (1979). We were married over 13 years. Am I entitled to any SS benefits based on his payments?
Vonda
Hi Patricia, thanks for using our blog. If you receive a pension from a government job in which you did not pay Social Security taxes, some or all of your Social Security spouse’s, divorced spouse’s, widow’s, or surviving divorced widow’s benefit may be offset due to receipt of that pension. This offset is referred to as the Government Pension Offset, or GPO. For additional details, check out our Government Pension Offset factsheet.
Linda
I was married 33 years to ex husband, now i have remarried and he wants me draw my SS benefits, I haven’t worked for five years. I will be 66 in April, First question, should i draw now or would it be best if I should choose to go back to work wait until i turn 66, would their be a limit to income i can earn? Also if current marriage doesn’t work out and later get divorced, can I change after divorce and draw from my ex husband in which would be a significant higher amount?
Vonda
Hi Linda, thank you for using our blog to ask your question. At Social Security, we’re often asked, “What’s the best age 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.
Our system is set up to take applications four months in advance, and when you’re ready, you can apply for your benefits online.
Check out our Benefits For Your Divorced Spouse web page for more information.
Jean
I was married to my ex for 10 years. He remarried but divorced within 2 years. He is currently 57. Can he collect social security because I was married to him for 10 years? I am 53…
Vonda
Hi Jean, thanks for using our blog. If you are divorced, your ex may be able to receive benefits based on your record (even if 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.
gail
i was married to a state employee who did not contribute to social security. we were married over 10 years. i have been receiving a pension monthly for the past few years. will my social security benefit be reduced when i am ready to collect it?
Vonda
Hi Gail, thanks for using our blog. A non-covered pension, a pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies such as police officers and some teachers), may cause the amount of your ex-spouse’s Social Security benefits to be reduced, but that will not affect your Social Security benefits because you are not the one that worked for the non-covered employer. Check out our Information for Government Employees web page for details.
Danelle
I have 2 ex husband’s and was married to both for 12 years, I have been divorced from both for more than 5 years. My birth year is 1967. When I am ready to collect can I choose either ex husband’s benefit? My first ex will have the greater benefit.
Vonda
Thanks for your question, Danelle. If you are divorced, you can receive benefits based on your ex-spouse’s record (either one) 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. (You must file for your own retirement benefits first.)
– 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!
Danelle m.
Does it matter if the ex spouse passed away at age 48 but would have been entitled to benefits by the time I am 62? Also, would i be entitled to his full amount when I am 62?
Vonda
Hi Danelle, thanks for using our blog. 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.
Linda S.
My income is 1346.per month. I live alone and been widowed for 13 years. Is too much to be entiled to ssi or to have my medcaid paid. I was married twice, both are deceased, do I get any ss from either husband?
Vonda
Hi Linda, thanks for using our blog to ask your question. Typically, a divorced widow at full (survivors) retirement age or older generally receives 100% of the deceased worker’s amount, a widow or widower under full retirement age receives about 71 to 99 percent of the worker’s benefit amount, and a widow or widower with a child younger than age 16 receives 75 percent of the worker’s benefit amount.
We are only going to pay the highest benefit amount from either record, meaning you don’t get both retirement and divorced widows benefits but the higher of the two. For more information about how much your benefit would be, visit our If You Are The Survivor web page.
If you need further assistance, 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.
Deb S.
I was on disability until I turn 66 I have been divorced from my ex-husband for 13-14 years we were married for 36 years can I claim on his Social Security he is currently working he is 69 years old and I was told that I could not because I was on disability
Vonda
Thanks for your question, Deb. 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 retirement benefit must be less than half of your ex-spouse’s full retirement amount.
– 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.
If you need further assistance, 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. We hope this helps!