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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Dan M.
I have a client who was married for over 10 years, divorced and re-married prior to age 60. Second marriage lasted over 10 years. Both first (divorced) spouse and second spouse died. When second husband died, she was given the choice of which spouses’ SS to receive. She chose the second, even though he did not earn as much as first spouse. I believe that she took a reduced benefit for not attaining age 62 at the time of the benefit. Is there any way for her to now elect to receive the first, divorced spouse’s benefit, even if it is at a reduced benefit amount? If so, what form should she use? (The first spouse had remarried prior to his death, FWIW)
R.F.
Hello Dan. Generally, when you apply for Social Security benefits, we explore for other possible eligibility that can pay you a higher benefit amount. By law, we are required to pay the highest benefit amount when eligible in multiple records. Your client can contact us and request a review of her benefit records. Thanks!
Mary s.
How do I apply for ex.spouse benefits, what forms do I need?
R.F.
Hello Mary, please visit our web page “If You Are Divorced” for the information you need, and the link to how to apply. Thanks!
Cathy
how do I find out how much I will get from my x spouse’s ss? and can I retire at age 65 and draw off his social security until I reach 66. And then at age 66 begin drawing on my social security at a higher rate?
R.F.
Hello Cathy, you may be eligible to start receiving benefits on your ex-husband’s record when you are age 62 or older. Your ex-spouse must be entitled to Social Security retirement or disability benefits. Keep in mind, if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount.
For additional information and more on eligibility requirements please visit our Retirement Planner: If You Are Divorced. Thanks!
Mark F.
How do I know if my Ex wife is drawing from my social security?
R.F.
Hi Mark, you need to contact us. You can call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
POGO
I currently receive disability benefits.
Am I also entitled to receive SS retirement benefits based on my ex-spouse income? We were married for over 10 years, and I have not remarried.
Darlene
I was married For 5 years we ain’t been divorced 1 year yet and he passed away on the 17 of April 2018 can I draw his socail security benefits
Paul
Please correct the error below. Ex-spouse benefits are different upon death of their former spouse I’m pretty sure. Thanks!
“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.”
Barbara H.
There are some lazy people who won’t work and have
never held a job very long but they had planned to get social security from off of someone else’s work history.
This is not right. Lazy people should get paid for being lazy!!!!!!
Mary
I am still working and will be 62 this summer of 2018. I was married 17 years, divorced 18 years ago, never remarried. I have earned more in my career than my ex, who is now 69 and and retired, taking his Social Security.
I plan to retire at 65 and defer taking my own SS until 70 if possible. I was told last summer at a SSA office that 1 month before my 66th birthday I would qualify to start taking an amount equal to half of my ex husband’s current SS income and thus defer taking my own until age 70. But today I read at an IRS.gov site that this is only a choice for people born before 1/2/1954. Since I was born in 1956, is that no longer an option for me, to qualify for half my ex’s until I take my own at 70?
Thank you
R.F.
Thank you for contacting us, Mary. If your birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If you file for one benefit, you will be effectively filing for all retirement or spousal benefits.
According to the new rules, deemed filing applies to individuals turning 62 on or after January 2, 2016. If you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. We hope this information helps!
Sherry B.
I am asking for myself, I was injured in a wreck at the age of 15, 1986. Two shattered vertebra, broken rib, went into right lung, paralyzed from waist down, told I’d never walk again.
First surgery lasted approximately 5 hours to remove rib from lung, had to have blood transfusion. Breathing treatments.
Second surgery lasted approximately 8 hours, to remove bone fragments, which there are still fragments, two Harrington Rods attatched to spine, that go from between shoulders down bottom of spine. Never to be removed, as they are my “spine”.
I fought my way back to walking, using bathroom, dressing myself, basic daily life as before the accident.
I have worked since the age of 17 until the age of 43. Where now my “spine”is in such disrepair, I am not a candidate for any surgery due to the nerve damage, and scar tissue, that if I were to survive the surgery, I’d come out a paraplegic.
I have tried for approximately 10 years to be qualified for disability benefits, to which I have been repeatedly turned down, stating that I present myself clean, well dressed, well educated, and therefore can adapt myself to any work environment.
I do not find this fair, as they do not know the daily struggles I go through, the constant pain I endure daily, hour to hour.
My question is, why is it that someone that is diagnosed Bi-polar can, in FACT recieve benefits, but someone like me, physically impaired cannot, because I shower?
Some kind of insight into this would be greatly appreciated.
As the 3 Specialists that I have seen, all said that I Will end up back in a wheelchair, there is nothing that can be done to help me, or my pain.
Thanks for reading this, because I am scared as hell. I’m only 47.