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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Lawrence O.
This seems awfully unfair to me, especially since my ex divorced me to live with a man out of wedlock.
I literally broke my back trying to stay married and she left after I could not work at the same job anymore. She could not live with my pain, but now she can tap my Social Security and give it to someone else as long as she does not marry him?
WHO THOUGHT THIS SCAM UP???
I suffer pain every single day of the year, but I have to pay her alimony?
SHE INHERITED THOUSANDS AND THOUSANDS OF DOLLARS FROM HER MOTHER… SO WHERE IS MY SHARE?
Leslie G.
as far as getting benefits from my X, I was beaten by him 6 times in the 3 years I dared stay with him. so I wasn’t with him 10 years. he served in VIETNAM the first year of my marriage, so I blame the war for his grief and extreme change in behavior. He since has had 6 other wives. He recently passed away due to liver cancer. I had no choice but to support our son all
alone. I worked and saved every allotment check and every pay check from my job the entre year so we could buy a car as soon as he returned. he never sent me a penny from Nam. I wrote every day but, never received a letter from him the whole year. I cried every night. the first day he was home, he and his Dad walked out of the house as I was just coming upstairs and I ran asking where they were going. they yelled as they jumped in the car. “To go buy a car one of them yelled, and drove away. So, really the abuse started even before the fist beating. I loved his Mom and Dad…lived w them and went to church w them every service. they loved me, seemingly. I got saved in their church!
Five years later I fell in love with a handsome man from India. We dated 6 months, and although we came together only twice, (for I was trying not to allow it) I became pregnant. he threatened to send the child to India to his Mother if I told anyone, and broke up w me. I cried for a year. however, coming back to the Lord in a mighty way, just after she was born, I raised the children with zeal and joy. They said then an d still say I was the best Mom of all the Moms they knew of their many friends. And, still to this day they rave about the happy childhood they had. I praise God for that. I’ve been very much alone for these last several years an d have had the most uncanny (sp?) misfortune with my jobs….and even my almost nursing degree at GSU. Lacking 2 clinicals of having a Bachelors in Nursing, I was forced out as was another young man, and for the same reason. his Dad sued and they won. but, they wouldn’t stay on the phone when I called trying to tell them that I was a victim also. they hung up before I could tell them. I suppose their attorney told them not to speak to anyone from Ga State. they won the case. he got his education back, and all the nursing instructors lost their jobs. They even changed the name of the school!
So, the kids grew up, I’m all alone. Every ‘career’ job I landed went away quickly due to circumstances as unfair and unbelievable as those of the afore mentioned situations! My best two ‘career jobs’ lost due to the economy crashes of 2001, (bombings) and 2008, and then another due to a corporate takeover. Those jobs paid a pitiful $25K/year, while one I landed paid $40k, yet my first day after training I was rushed to the hospital with a heart attack. and like the rest of my life, the emergency room Doctor said I definately had a heart attack, but me on the cardiac ward, the lady from finance calls me saying I have no insurance and she’s calling the Doctor and I was out of there pronto with out an angiogram! That’s OK though, because that’s what started me on the quest of being quite the expert in self healing through diet (mainly) and of course exercise.
Well, I don’t know who will be reading all this…tehee! But, I’ll tell you one more thing. with Gods Grace, I could write a book that would make me a few mil$$$$$ !!!
In closing, I’ll say that God has shown me that I will have a ministry in music someday! And, I believe Him!
M. J.
I have been receiving SS benefits since I turned 62. I get a reduced amount because of the years I taught in Nevada even though I worked 27 years state (NY and FL) that deducted.
Two years ago my ex-husband (Charles Maxwell Jeffery) died. I went to SS office to see if I could collect his benefits instead of my own and was told no. As I read this article I feel as if I was misguided.
Ray F.
You’re right, 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 Social Security benefit to be reduced. Your own Social Security benefit can be reduced based on the Windfall Elimination Provision.
Your benefits as a Surviving Divorced Spouse may be reduced or eliminated based on the Government Pension Offset.
Debbie
I am legally separated to my husband of 30 years. He is 70 yrs. & started taking SS at 62 yrs.. I will be 62 yrs. this May but have only been working & paying into SS for a few years now ( homemaker before separation); and I’m currently unemployed. Can I take from his SS in May thinking 1/2 of his would still be higher than taking mine early; and then take mine when it reaches higher than what I’d get off his? Thank you!
Ray F.
Hi Debbie, even if you have never worked under Social Security, you may be able to get spouse’s retirement benefits if you are at least 62 years of age and your spouse is receiving retirement or disability benefits. You can also qualify for Medicare at age 65. Your benefit as a spouse can only be one-half of your spouse’s full retirement amount if you start receiving benefits at your full retirement age. See our Retirement Planner: Benefits For You As A Spouse for more information.
marie a.
I am disappointed in the online application.
I was told I can not apply online because my information is different from the information on file.
Something is wrong on your end, and I would like a solution in an email or a telephone call.
Ray F.
We are sorry for the inconvenience, Marie. However, we must address and correct any discrepancies on your record before you apply for benefits.
Unfortunately, and because of security reasons we do not have access to personal records in this blog. We do not do direct messaging in this venue.
One of our representatives should be able to provide you with better guidance to find resolution to this matter. Please call our toll free number at 1-800-772-1213 for assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will have a shorter wait time if you call later during the day or later in the week. Thanks.
Kathy B.
I am receiving a surviving spouse benefit on my husband’s Social Security. How do I switch to my own when I reach full retirement age retire in April 2018.
Ray F.
Thank you for your question, Kathy. Our system is set up to take applications three months in advance. You can apply for your benefits online at any time now. Please visit our Social Security Retirement Planner for more information.
Trish
how do I apply for ex-spouse benefits if I am currently receiving my Social Security?
Ray F.
Hi Trish, see “Ways to Apply“. Please visit our web page “If You’re Divorced” to review the eligibility requirements.
To speak to a one of our agents, call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will experience a shorter wait time if you call later during the day. Thanks!
Lupe S.
We were common law and only field 3 income tax do I still qualify
Carolyn H.
I am a widow of a vet who was 64 when he died. He was receiving social security DISABILITY from the time he filed at I believe age 40 something. I was told I don’t receive any survivors benefits until I turn 65. I’ve had several people tell me otherwise. Could you answer this for me please. I could sure use the income.
Barbara N.
I was married to a man for 25years,however he doesnt retire for about 6years. do i wait untilhe retires or if i collect now will i lose a bunch of money,by claiming it earlier.I only draw626.00 a month,15.oo in food stamps.things are very hard for me,15.00 is a joke for food stamps.Iam 7yearsolder than him.what do u suggest what is best for me.
Ray F.
Hello Barbara, in order for you to receive divorced spouse benefits, and in addition to meeting all other eligibility requirements, your ex-spouse must be receiving Social Security retirement or disability benefits. If your ex-spouse does not apply for retirement benefits, but can qualify for them (at his age 62 or older), you can receive benefits on his record if you have been divorced for at least two years. See our web page “If You’re Divorced” for more information. Thanks!