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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Denise
I’m looking to retire at the end of 2021 and would like some information to help me with my financial planning. Is it possible to obtain the monthly amount I would be receiving under the divorced spouse benefit? I meet the eligibility requirements. My ex-spouse’s income was greater than mine; he is currently retired and drawing on his SS benefits.
Jody G.
Do you have to be married 10 years to collect widows benefits. My husband and I were married 3 1/2 years and he passed away from cancer
Vonda
Hi Jody, thanks for using our blog to ask your question. If you were married when your spouse passed away, the duration of marriage requirement is generally 9 months immediately preceding the day on which the worker died. To learn more , visit our Survivors Benefits web page.
Susan R.
Am I allowed to know if my former husband of over ten years is currently receiving benefits related to my account?
Vonda
Hi Susan, thanks for using our blog. Although you are entitled to know certain information about individuals who are or who have been entitled on your record, we do not notify you when someone files for benefits on your record. If you call to inquire, the only information you are entitled to receive is the name of the beneficiary, the collective benefit amount and the date of entitlement. We hope this is helpful!
Valene B.
Wanted to know if I could collect widows benefits from my deceased common law husband
Vonda
Hi Valene, thanks for using our blog to ask your question. Typically, a widow or widower 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.
In cases where a common-law marriage may be involved, Social Security follows the state laws. So, check the laws in your state.
For more information, please visit our Survivors web page.
Donna L.
Hi. I was married 20 years to my 1st husband and he passed 8 months after we divorced. He was collecting SS Disability Benefits. I remarried 19 months later. How do my benefits work and do I apply online or do I need to come in person? Thank you
Vonda
Hi Donna, thank you for your questions. If you remarried after age 60 (age 50 if disabled), you may be eligible for surviving divorced spouse benefits on your deceased ex-spouse’s record.
If you remarried before age 60 (age 50 if disabled), you may be eligible for spouse’s benefits on your current spouse’s record 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.
Keep in mind that the spouse’s benefit cannot exceed one-half of your spouse’s full retirement amount. So, you can only receive additional spouse’s benefits if your own full retirement benefit (not your reduced benefit) is less than half of your husband’s full retirement benefit (not his reduced benefit).
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 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.
diane a.
My ex-spouse pass away after we divorced am I qualify to get widow’s benefits? I’m 65 years old.
Vonda
We are very sorry for your loss, Diane. 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.
Scott C.
I’m on a state pension plan. Will I be able to collect on my ex wife’s SS plan?
Vonda
Hi Scott, 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, widower’s, or surviving divorced widower’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.
Debra l.
Can I at age 58 claim any benefits from my ex-husband who I was married to for 13yrs but have been divorced for 17 yrs and neither have remarried
Vonda
Thanks for your question, Debra. 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!
Brad
My wife and I have been married for over 10 years. If we get a divorce and she collects an ex-spouse benefit from my SS, will I still get my full amount per month, or will her benefit be taken out of my full amount? Will my full benefit be reduced by her ex-spouse benefit?
Vonda
Hi Brad, thanks for using our blog to ask your question. 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.
Janice B.
I was married for 28 years and have been divorced for 13 years. I have not remarried. I want to retire from my job after 40 years of working. I will be 64 years old and want to collect on my ex-husband’s benefits before I start collecting my own. I want to delay my benefits until I am 70 years old. Will my benefits be affected if I collect on his from age 64 to 70? What percentage of his benefits am I entitled to at age 64?
At age 70 what percentage will I be entitled to collect?
Vonda
Hi Janice, thanks for using our blog to ask 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.
There is an exception to deemed filing for those who turn 62 before January 2, 2016. Check out our Deemed Filing For Retirement And Spouse’s Benefits web page for details.
When you delay collecting benefits beyond your full retirement age, the amount of your retirement benefit will continue to increase up until age 70. There is no incentive to delay claiming after the month you attain age 70.
Keep in mind that you can apply four months before you want your benefits to start. When you’re ready to apply for retirement benefits, use our online retirement application, the quickest, easiest, and most convenient way to apply.