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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Donna
I was married for 18 years and have been divorced for 13 years. I am 7 years older than my ex husband. When I turned 66, I was unable to draw half of my ex’s social security as he was only 58. I took my own benefit. He is now over 62 years old. Half of his benefit is more than my full benefit. Could I now switch to claim half of his social security benefit?
Vonda
Thanks for your question, Donna. 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.
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.
L b.
I was married to my ex husband for 21 years and remarried briefly to someone else at the age of 45 but got a divorced after a year. Can I still collect on my first husbands ss benefits Iam 71
Helena S.
I was married for 18 years. I am on a medical leave from work and I might get disability. My question is: if I retire due to disability, am I entitled to receive benefits from my ex-spouse (benefits from highest income, which is certainly his) at that time? I don’t see any information on the site about this. Appreciate comments!
Kona 6.
I am receiving disability can I receive off my husband retirement we are separated over 10 years ago but still legally married for over 23
Vonda
Hi Kona, thanks for using our blog. You may be eligible for spouse’s benefits if you are at least 62 years of age and your spouse is receiving retirement or disability benefits. Check out our Benefits For Your Spouse web page for additional details.
Crystal
My parents divorced after 20 years of marriage, and both remarried. My mother is now a widow, and my father is recently divorced from his 2nd wife, who is still working. My father is retired and collecting SSI, and my mother receives her deceased husband’s SSI. Is my mother entitled to my father’s benefits, since his 2nd wife isn’t old enough to collect any benefits.
Ann C.
Hi, Crystal. Thank you for your question. Generally, survivor’s benefits are paid at a higher rate. Your mother can contact her local Social Security office for assistance. We hope this helps.
Margaret M.
If a husband and wife are married and husband dies. He had Ex wife which wife gets his social security
Simone
Hi Margaret, thanks for using our blog and for your question. The divorced spouse of a worker who dies could get benefits the same as a widow or widower, provided that the marriage lasted 10 years or more. Benefits paid to 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.
Xiomy G.
Hello, My spouse was married to someone else, we have been married for over 20 years. Now my spouses ex-spouse wants to claim the benefits of a divorced person. They were married for 17 years. If the person claims this benefit will that affect me at the moment that I turn the age to claim the same benefit. In essence can two people receive this same benefit from the same person?
Vonda
Hi Xiomy, thanks for using our blog. If divorced, the ex may be able to receive benefits based on your spouse’s record (even though you have remarried).
If the ex-spouse qualifies, they may receive a monthly payment of up to one-half of your spouse’s retirement benefit amount. However, the amount of benefits the divorced spouse gets has no effect on the amount of benefits you or your spouse may receive.
Check out our Benefits For Your Divorced Spouse web page for more information.
Debbie L.
I was married for 15 years, my spouse passed away approx 8 years after we divorced. I have not remarried. Would I be eligible to draw benefits on my deceased spouses record? If so does it matter what year I was born. I was told that may make a difference?
Sue
Thanks for reading our blog and for your questions, Debbie. You may be able to receive benefits based on your former spouse’s record (even if your spouse had remarried) if your marriage lasted at least 10 years. You can take your survivors benefits as early as age 60 (or as early as 50 if you’re disabled), then switch to your own benefit at a later date, if it is higher.
You cannot file for your widow’s benefit online, so please make an appointment with your local Social Security office. You’ll find the phone number with our Office Locator. Our call volume and wait times are greater than normal, so we ask for your patience. We hope this information is helpful.
francisco p.
does my ex of 15 years has rights on my pension? in any case that she does, it does not matter if i am not working and she is making plenty of money working on real state still she can take a portion of my money?, one more thing if in case this happens and she will take money, will i be able to do the same after she apply for her benefits and get money off of her payment?
Vonda
Hi Francisco, 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.
Selena
Mein Name ist Salena Gomia und ich habe meinen Sitz in den USA … Mein Leben ist zurück !!! Nach einem Jahr zerbrochener Ehe verließ mich mein Mann mit zwei Kindern. Ich hatte das Gefühl, mein Leben würde bald enden. Ich hätte fast Selbstmord begangen. Ich war sehr lange emotional niedergeschlagen. Dank einer Zauberwirkerin namens Dr.Adeyemi Emma Adeshina, die ich online kennengelernt habe. An einem treuen Tag, als ich im Internet surfte, stieß ich auf viele Zeugnisse über diesen bestimmten Zauberwirker. Einige Leute sagten aus, dass er ihren Ex-Liebhaber zurückgebracht habe, andere sagten aus, dass er den Mutterleib wiederherstellt, Krebs heilt und andere Krankheiten, andere sagten aus, dass er einen Zauber wirken kann, um die Scheidung zu stoppen und so weiter. Ich stoße auch auf ein bestimmtes Zeugnis, es handelte sich um eine Frau namens Helen, sie sagte aus, wie er ihren Ex-Liebhaber in weniger als zwei Tagen zurückgebracht hat, und am Ende ihres Zeugnisses ließ sie Dr.Adeyemi Emma Adeshina per E-Mail fallen Adresse. Nachdem ich all dies gelesen hatte, beschloss ich, es auszuprobieren. Ich kontaktierte ihn per E-Mail und erklärte ihm mein Problem. In nur 48 Stunden kam mein Mann zu mir zurück. Wir haben unsere Probleme gelöst und sind noch glücklicher als zuvor. Dr.Adeyemi Emma Adeshina ist wirklich ein begabter Mann und ich werde nicht aufhören, ihn zu veröffentlichen, weil er ein wunderbarer Mann ist … Wenn Sie ein Problem haben und nach einem suchen echte und echte Zauberwirker, um alle Ihre Probleme für Sie zu lösen. Dr.Adeyemi Emma Adeshina, jederzeit ist er die Antwort auf Ihre Probleme. Sie können ihn kontaktieren:
E-Mail: adeyemia192@gmail.com
WhatsApp ihn +2349042898653.