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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Kathy S.
What if my ex didn’t want to save for retirement and opted out and saved himself.How then can I receive social security
R.F.
Hello Kathy, you must be insured under the Social Security program before retirement, survivors, or disability benefits can be paid to you or your family. We consider the number of quarters of coverage or credits you earned to determine if you are insured. Generally you need to be fully insured to receive Social Security benefits. We hope this information helps!
Daniele D.
I began receiving social security at age 62 as an ex-spouse since my ex’s benefit was slightly higher than my own. Now at age 70 I have returned to work and am paying into social security. Will my current earnings increase my social security benefit?
A.C.
Hi, Daniele. Each year we review the records for all Social Security recipients who work and will refigure your benefit if applicable. Visit our Retirement Planner: Getting Benefits While Working for more information. We encourage you to work with your local office if you have any further specific questions about your benefits. Thanks!
Barbara R.
CAN i continue getting sus ex spouse if i remarry. .
Patrick P.
I am 71 years old and I would like to know how much would my spouse receive after I am deseased ? She is 58.
caroline g.
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caroline g.
Good day everybody my name is Mrs Caroline Gilli am here to share with you my life experience how a great man called Dr Alexzander saved me and my marriage.I have been Married & Barren for for 5 years i had no child. i have never been pregnant i was a subject of laughter from my Friends & neighbors, i almost lost my marriage because of this issue.i was so confused that i did not know what to do until i came across this great Dr online and i contacted him at once i was scared weather it was going to work because i never believed things like this before, so i decided to give it a try and i did all what Dr Alexzander asked of me and today to my greatest surprise i took in the first time and i gave birth to a bouncing baby boy and now my marriage that was about crashig before is now restored. my husband now love and want me better, Am so happy for everything that have been happening my life since i met this Dr Alexzander.
I want to tell all the women out there who have a similar situation like that the world is not over YET they should dry up their tears and contact this great man and their problem will be gone or are you also having other problems you can also contact Dr Alexzander, here is how you can contact him. browse him on google search engine via his name alexzander high temple. searching on him on google will enable you to get his email address or call his phone number +2347068836760 or whatsapp him through this +2347075823891 many blogs online.
Thank Dr Alexzander for everything you did in my marriage.
Thanks
Caroline Grilli
Edith
I am under ss disability benefits since 1995 and want to know:
1. Will my benefits increase at the age of 62 y/o?
2. Can I work and not loose my disability benefits
R.F.
Great questions, Edith. Social Security strongly supports those individuals who want to return to the work force while supplementing their disability benefit income.
We have Work Incentives that allow people to work and still receive their benefits. A person may still be eligible for disability benefits under the Social Security Disability Insurance program if they work. However, their earnings cannot exceed a certain amount. This is called the Substantial Gainful Activity (SGA) limit.
In addition to the amount of money you make, Social Security may also look at the number of hours you’re able to work.
In the other hand, Social Security disability benefits automatically change to retirement benefits when disability beneficiaries attain their full retirement age. Benefits are not interrupted with this transition and the benefit amount will generally remains the same. Disability benefits are paid at the highest rate based on your work history prior to becoming disabled.
We hope this information helps!
Jerry
my mother is 62 and divorced. she is still working but, her ex passed away 5 yrs ago. is she able to collect his ss and still work if they were married for over 10 yrs??? thank you.
R.F.
Thank you for your question, Jerry. Yes, your mother could still work and receive “Surviving Divorced Spouse” benefits. However, there are limits on how much survivors may earn while they receive benefits.
At age 62, your mother is still under her full retirement age. if you are younger than full retirement age and make more than the yearly earnings limit, this can reduce the number of payments you receive through the year. For 2018 that limit is $17,040. See “How We Deduct Earnings From Benefits” for more information.
You cannot apply for survivors benefits online. if your mother decides to apply for benefits, she can call 1-800-772-1213 (TTY 1-800-325-0778). She can speak to a Social Security representative between 7 a.m. and 7 p.m. Monday through Friday. She can also contact the local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to speak to someone.
We hope this information helps!
rosalinda r.
I was told at the social security that i could not claim on my ex spouse unless i was married to him more than 10 years. Is this true
Jeri T.
I am already on SSI and SSDI, Medicaid and Medicare. I was married for 24 years and divorced in 2009. In the divorce settlement I was given all of my ex-husbands 401K, which is about $6,000 now. I was also given 41% of his PERSI. My ex, Bruce, continued to work for the state of Idaho several more years after the divorce, then quit and worked for the state in AZ. He just now has decided to collect his PERSI, which means I also have to make decisions on my 41%. My fear is losing my SSI, SSDI, and Medicaid because of having this money. It can also require me to move out of my Section 8 housing as well. PERSI said I have one of two choices, either cashing out on the whole 41% and 401K, or leaving the 41% in an account in my name with PERSI and letting it collect interest, or taking monthly payments from that money. I cannot take part of the PERSI, it is all or nothing I was told. I have no idea what to do. I have thought I would cash out the whole 401K and use it to get a couple of things I really need. I believe I should pay the taxes on that right away so I don’t have any surprises next tax season. I had hoped to use part of the PERSI to buy a car, but I don’t know if I can do that. I guess the only way I can do that is to either cash out the whole 41% or keep it all in PERSI and take monthly payments and hope it is enough to make car payments. I am running out of time to make a decision on this and I am lost, I don’t know what to do. I cannot lose my Medicaid, I have too many health problems. I can’t move from my apartment either. I am afraid to lose my SSI and SSDI, it took to much to get on them to begin with. I need someone with the knowledge about all of this to help me know what to do. I hope that you are able to help me/guide me. Thank you for your time.
R.F.
Hello Jeri. Social Security disability (SSDI) benefits are not affected by additional income or resources. These benefits are based on your previous earnings and contributions to the program.
In the other hand, we must always consider any additional income and resources when you receive Supplemental Security Income or SSI benefits. The SSI benefits are paid based on financial need. Per SSI’s Reporting Responsibilities, you are required to inform us of any benefits you may be eligible for and thus apply for such benefits.
Please call our toll free number at 1-800-772-1213 and speak to one of our agents. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local Social Security office directly. Thanks!