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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Sandy B.
I live with my common law married husband for 19 years. We file taxes as married filing jointly. Will I be able to draw retirement benefits on him if he passes first?
Vonda
Hi Sandy, thanks for using our blog. 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.
We are only going to pay the highest benefit amount from either record, meaning you don’t get both retirement and widow(er)s 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.
In cases where a common-law marriage may be involved, Social Security follows the state laws. So, check the laws in your state.
Jennifer S.
I have been divorced for approx. 9 years after being married for 23 years. I was told by SS that I couldn’t apply for his benefits until he retired. According to what is written here I could have claimed his benefits. Can I reclaim on his benefits? Also, I received a letter from SSA about deferred vested benefits from his previous employment. Am I able to claim any of these benefits also? I appreciate your response.
Vonda
Hi Jennifer, thanks for using our blog. 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. 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.
L Q.
How do I know if my ex-wife has decided to receive social security benefits and the amount received?
Luis A.
How do I know if my ex-wife has decided to receive social security benefits and the amount received?
LP
Do I have to be divorced for 2 years before I apply for benefits on my former spouse’s record if he is receiving benefits now?
Does alimony count as my wages and decrease my benefits if that puts me over the $18,960 limit?
If I take a reduced monthly benefit off spouse’s record when I turn 62, would the benefit remain decreased if he dies, or can I then receive the full benefit?
Vonda
Hi Lisanne, thanks for using our blog. 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.
When we figure out how much to deduct from your benefits, we count only the wages you make from your job or your net profit if you’re self-employed. We include bonuses, commissions, and vacation pay. We don’t count pensions, annuities, investment income, alimony, interest, veterans, or other government or military retirement benefits.
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 Benefits For Your Divorced Spouse web page for more information. We hope this helps!
Alma C.
March 5, 2021
My husband received Social Security every month and he passed away on Jan. 26, 2021. We were married 59 years. I am 76 years old. Why can’t I get a benefit each month instead of just the lump sum of $255?
Vonda
We are very sorry for your loss, Alma. Typically, a widow or widower at full (survivors) retirement age or older generally receives 100% of the deceased worker’s amount. However, you would only switch over to that amount if it is higher than what you’re currently receiving.
We are only going to pay the highest benefit amount from either record, meaning you don’t get both retirement and widow(er)s 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.
To inquire about potential 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.
Pamela N.
I am 63, receiving social security benefits since age 62. My husband of 22 years is receiving his full SS benefits. We are in the process of divorcing. Here are the current numbers:
His: $2143.60
Mine: $1075.00
Half of his is $1071.80 (Mine is $3.50 more than this amt.)
Will I be eligible for ANY increase if I apply for ex-spouse benefits at age 66 and 6 months?
Vonda
Thanks for your question, Pamela. 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!
Laurel K.
My Husband and I were married for 15 years and then we divorced. He passed away in 2016. I am still working a full time job. My question is can I draw his social security now and then when I retire stop his and draw mine?
Vonda
Hi Laurel, thanks for suing our blog. If you are the divorced 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 retirement benefits on your own record, you may have an additional option. You can apply for retirement or survivors benefits now and switch to the other (higher) benefit at a later date.
The earliest age you can apply for your own (reduced) retirement benefits is 62.
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. 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.
You would need to call and make an appointment to file for surviving divorced widow’s benefits as you cannot apply for that online. You can call your local Social Security office. 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.
Brenda L.
what is the email address to submit the application for divorced spouse benefits
Vonda
Hi Brenda, thanks for using our blog. You can apply online by using our Social Security Retirement/Medicare Benefit Application to apply for retirement, spouse’s, divorced spouse’s or Medicare benefits.
If you are unable or do not want to apply for benefits online, you can schedule an appointment by calling 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.
Brittany
My ex husband is receiving some kind of SS benefits. He is only 56 years old. We have been divorced for 14 years, I am not remarried. Am I entitled to some of this?
Vonda
Thanks for your question, Brittany. 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!