Ex-Spouse Benefits and You
Reading Time: 2 MinutesLast Updated: March 28, 2022
No doubt about it — thinking of an ex-spouse can be emotional. And, if your finances have changed for the worse since the breakup, even more emotions can surface.
We have news that may relieve some of your stress.
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 their record.
There are other rules, of course. You must have been married to your ex-spouse for 10 years or more. If you’ve 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 they have not retired, as long as you have been divorced at least two years before applying.
After you reach full retirement age, you can elect to receive only the divorced spouse benefits and delay benefits on your own record, which may mean a higher monthly amount for you.
If you were born before January 2, 1954 and reach full retirement age, you can elect to receive only the divorced spouse benefits and delay benefits on your own record. This may mean a higher monthly amount for you.
The same rules apply for a deceased former spouse. The amount of benefits you get has no effect on the benefits your ex-spouse or their current spouse receives. If your ex-spouse died after you divorced, you can still qualify for widow’s benefits.
Our Benefits Planner gives you an idea of your monthly benefit amount. If your ex-spouse died after you divorced, you can still qualify for widow’s benefits. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse.
We hope this news adds some joy to the range of emotions you feel when thinking of your “Ex”!
Did you find this Information helpful?
Tags: Disability, full retirement age, General Information, retirement, social security disability benefits, survivors benefits
See CommentsAbout the Author
Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
Comments are closed.
Marlene
I believe that if you receive social security based on your ex-husband’s social security benefit and if he dies, you will receive an added death benefit in addition to what you receive while he is still living.
jean b.
I would like to see if I am getting the correct amount .I have been a window since 1991, $923,00
Eileen O.
I was told after my ex died that I could recieve ss at age 60 on his record as long as we had been married long enough. 20 years in this case. seeing I was having health problems at that age, checked into it. I was also able to collect my pension then. none of it as large as it would have been later but enough. I did that, then when I turned 65 I had to switch to my own which because he had worked so little in those later years was more than his.
if there are changes since then, this is how mine worked out.
Joann
I am currently drawing social security. Can I change to draw my ex husband social security now?
Annette W.
I was married for 20 years.
Divorced in 1976.
iam raising our learning disabled daughter
Am I still entitled to his SS amount after
all this time?
Lorenzo D.
Thanks for your question. To be eligible for divorced spouse’s benefits, you had to be married to your former spouse for at least 10 years, and you cannot be eligible for a higher benefit on your own record. Here’s some information on
how to qualify for divorced spouse benefits. Hope this helps!
Lorenzo D.
Thanks for your question. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, and you cannot be eligible for a higher benefit on your own record.
If you are currently receiving benefits, and if you also qualify for a higher amount as a divorced spouse, you will get a combination of benefits that equals that higher amount.
We collected all of your marriage information when you applied for your benefits, and you are probably already receiving the higher benefit on your own record.
To make sure, and to find out if you are eligible for a higher benefit and to discuss your options, contact us at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. and 7 p.m., Monday through Friday or visit your local Social Security office. To find your local office, please visit http://go.usa.gov/Z4fT. It may be helpful for you to read our web page, If You Are Divorced.
Lynn A.
Please help.
I was married for 23 yr.s.to my husband and we were also military we had 4 children together. I DIvorced him , and re married for 9 yrs.then got divorced.
I am now 76 years old had heart surgery recently. I worked on my own for 13 years and barely get enough to live on. IS it too late for me to get a portion of his. SS? I have his SS number and Air Force Number. Have marriage papers and divorce papers.
Lynn A.
I was married for 23 yrs and we were also military and had 4 children together. I divorced him and remarried several years later. THe marriage lasted 9 years and ended in divorce.
I worked after divorce for years and am collecting on my own SS benefits. I have had recent open heart surgery and am finding it so difficult to get by on $800.00 a month. I never applied for his SS as I was afraid to. I appreciate any help.
Lynn A.
IAm 76 yrs of age..spouse is 80.
Ray F.
Hi Lynn. Unfortunately, but for your security, we do not have access to personal information in this blog.
To see if you qualify for a higher benefit than what you are currently receiving, contact your local office or you may call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. and ask a representative to assist you. Thanks.
Joy L.
I have same question. I started to draw on my earnings at age 62. Now am 67 and would like to apply to receive ex spouse benefits. I meet the criteria. Could you let me know if you were successful in doing this?
Lillian F.
I was married few years short of 20.
Retired/Remarried for less than 2 years, divorced.
Collect nothing from second husband however am
not remarried, nor will I be, Worked and paid into SS
for many years. How can I apply to receive funds from
my first husband and father of my only grown children
as am sure his earnings would pay me more than my own personal earnings. Would also need his SS #. I
can provide SS his full name and residence in order
to file a claim.. Thanks for your prompt response.
LFN
Lorenzo D.
Hello. If you now qualify for benefits, you should file an application. If you are insured on your own record, we will pay that benefit amount first. However, if you also qualify for a higher amount as a divorced spouse, you will get a combination of benefits that equals that higher amount.
You do not need your former spouse’s Social Security number as long as you can provide Social Security enough identifying information about him for us to locate his Social Security number. However, you need to show us a marriage certificate and divorce decree along with your proof of birth and U.S. citizenship or lawful alien status and any military service. It may be helpful for you to read our web page, If You Are Divorced . For more information, or to schedule an appointment to file an application, contact us at 1-800-772-1213 (TTY 1-800-325-0778) Monday through Friday between 7 a.m. and 7 p.m. and ask a representative to assist you, or you can contact your local office. Their information can be found at http://go.usa.gov/bgfV. We hope this helps!
Stephen
If you ever filed a joint tax return his number as well as yours are on that return. That maybe the easiest way to find his Social Security number.
Tammy
If my husband dies before I retire, am I able to collect his social security benefits as well, even though I am working and not retired?
Lorenzo D.
Thanks for your question. We hope all is well. If your husband were to pass away, you may be eligible for benefits based on his earnings. You can receive unreduced benefits at your full retirement age for survivors or reduced benefits as early as age 60. If you are disabled, you could begin receiving benefits as early as age 50 If you continued to work before reaching your full retirement age and made over the earnings limit, your benefits would be reduced.
For additional information on Survivors benefits, check out our Survivors Planner at http://go.usa.gov/VW3C.
Sheri
I believe that any time you get retirement or survivor benefits under your full retirement age from any record the Annual Earnings limitation applies.
There is also a different set of earnings guidelines for disabled widow/survivor benefits
Janet
If I’m on SSI disability over age 50, shouldn’t I be able to file on ex-husband’s acct, married 14 yrs, divorced in 94?
So confusing…
Lorenzo D.
Thanks for your question, Janet. Widows or surviving divorced spouses who are disabled can receive benefits at age 50. A divorced spouse can collect benefits at age 62. For more information about “Divorced Spouse” benefits, go to the If You Are Divorced page on our web site.
Sandra C.
One point that should be made: filing has no effect on the former spouse’s benefit. He or she will get the same amount whether you draw from that account or not.
Wanda K.
Do I have to apply for this, or will it be taken care of automatically?
Marlene
There is nothing ‘automatic’ about it. You have to apply because you must show your identification information; birth certificate; proof of marriage; divorce, etc.
Lorenzo D.
Thank you for your question. Yes, you will need to apply for ex-spouse’s benefits. If you are within 3 months of age 62 or older, you can apply online or call our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778). If you wish to apply in person, you may visit your local Social Security office. Their information can be found at http://go.usa.gov/bgfV. Please go to http://1.usa.gov/1GbVwg8 to find out what documents you may need to provide to us when you apply.
Linda
My ex-husband will be 62 on February 13, 2016 and has applied for social security disability. He currently gets a veterans 100% disability check every month and hasn’t worked in a few years. We were married in September of 1988 and divorced in May of 2001. I just turned 60 this September and have not remarried. My question is will I be able to collect social security benefits from him as a divorced spouse once he gets social security disability? If not when would I be able to apply for benefits under divorced spouse?
Ray F.
Hello Linda, You may be eligible to start receiving benefits on your ex-husband’s record when you are age 62 or older. He can be entitled to either disability or retirement benefits. For additional information and more on eligibility requirements please visit our Retirement Planner: If You Are Divorced.
Marsha
Hello I want a better understanding. I began receiving disability and ssi anana small amount. I turned 51 and was eligible to pick up on his cause he passed away. Does that me that at what age and could i be eligible to receive his full retirement?? THANK YOU!!!!
Alice E.
Can you explain the part of collecting my own SSC first, then my husbands if his is higher? So I would get two amounts or why not just half of his?
Commett
Is the ex-husband/ ex-wife told about you applying for his/her social security or part of it to suppliment your own smaller amount?
betty
If I was married to my spouse who is retired military and later divorced him later married him for 9 months before he passed am I entitled to any of his SS income or retirement.
Ray F.
Thank you for your question Betty. Generally, a widow must have been legally married to the deceased worker at the time of his death and for at least nine months immediately prior to the day in which the worker died. A widow can get reduced benefits as early as age 60 (age 50 if disabled). For more information on widows, widowers, and other survivors, visit http://www.socialsecurity.gov/survivorplan. Please call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. We hope this information helps.
Linda f.
This a question on filing social security disability on my ex spouses social security. I am 62. This natch. He is 63 and filing for social security disability. We were married over 35 yrs. I’ve not remarried, he had, but I am not able to work because of cancer and other disabilities. Question 1: should I file social security disability
2: if I do will I get 1/2 of his disability benefit
3: if I file regular social security will I still get 1/2 of his disability benefit. Or
4: will I get 1/2 of whatever he gets no matter how he files or I file.
So confused. I didn’t work a lot so his is the best way to go just not sure which is the best way to file to get the maximum I’m entitled to
Ray F.
Hi Linda. Your benefit as a divorced spouse can only be equal to one-half of your ex-husband’s full retirement amount only if you start receiving those benefits at your full retirement age. 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. If you meet all other eligibility requirements, you can receive benefits on your ex-spouse’s record even if he has remarried. In regards to disability, we pay disability benefits to people who are unable to work because of a medical condition that is expected to last one year or more or end in death. No benefits are payable for partial disability or short-term disability. If you think you are disabled, under our rules, we encourage you to apply for disability as soon as possible. Also, at age 62, you can apply for reduced retirement benefits and for disability benefits at the same time. We would pay retirement benefits while we consider your application for disability. See what you can do online, or call us at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. and 7 p.m., Monday through Friday for more information. We hope this information helps you.
Barb L.
Unfortunately, while this practice may help some very deserving divorced spouses, it is also a drain when it pays a benefit to someone who does not deserve it. We were married 14 years. He did not work much of that time. I have succeeded in my career for which he will benefit. Social Security should only pay a benefit calculated based on the time we were married, not the success that occurred afterward. I highly doubt he works now – probably living off someone else. No wonder the fund may not be around for those who really deserve to benefit from it.
missy a.
I totally agree with you!!!
Jeff H.
Most women beneficiaries in a similar situation as your ex-husband, who are not freeloaders, but who chose not to work to take care their families, would not agree with you.
Barb L.
I did not have that choice but I did leave a little room for “deserving spouses.”
drew
I agree with you. I choose not to work to take care of our children. We raise our children well and they’re both doing great with their schools. My husband thought I only deserved for 5 years spousal support. To think when we started the marriage, he owed a lot of creditors, no any mean of savings, child support fraud from his ex. no personal properties, and bankruptcy. But I did not give up on him. I stay with him for 30 years. Now I am old and having difficulty finding a job. He thinks I deserve for $100 for spousal benefits for 5 years. 30 years ago, we were lover than dirt. We don’t have a decent vehicle to drive around and lived in a sticky trailer.
drew
I meant lower than dirt. Sorry about than.
Sharon
Story of my life
Carolyn C.
Amen sister!! Divorced spouses should not be eligible for a divorcees benefits. Something warped about that. Almost as warped as taxing social security, which was a tax deduction from your payroll check. They are taxing a tax.
evana h.
You r absolutely wrong I’ve been married for 19 years I had four kids with him I have chronic Lyme disease I’ll never ever be able to work he’s choosing to leave bc I’m I’ll so you reap what you sow I have to be able to survive too
evana h.
Sick whatever he’s leaving it’s not my choice and it wasn’t my choice to get bit by a tick either
Tina
I agree….my husband passed away and not even two days later his ex that he was divorced from for 29 years swooped in to draw. I cannot draw until I am 60 and that is 7 years away and we have a 15 year old daughter I will be raising alone. So we will be struggling due to my diabetes , fibromialgia and anxiety. They had kids but both are married age 41 and 37….I do not qualify for insurance help or food stamps so my attitude is she the ex can draw…even tho she married another man….they got divorced ….made life he’ll and admits its a screw you from the grave….and I have to move in with family to support my kid…..doesn’t make since
Ray F.
We are sorry for your loss, Tina. You are right, if you are the widow of a person who worked long enough under Social Security, you can receive reduced benefits as early as age 60 (age 50 if disabled). Also, children under age 18 (up to age 19 if attending elementary or secondary school full time) of a worker who dies can be eligible to receive Social Security survivor benefits. To see if your daughter may be eligible for benefits, call our toll free number at 1-800-772-1213 Monday through Friday, between 7 a.m. and 7 p.m. or contact your local Social Security office directly. Also, you may eligible to receive additional assistance from the state in which you live. These services include Medicaid, free meals, housekeeping help, transportation or help with other problems. You can get information about services in your area from your state or local social services or welfare office. Please visit the U. S. Department of Health and Human Services (HHS) web page for more information.
Tina
I just now saw this…and thank you…it just seems unfair….
Commett
Tina, I disagree with you. Not only can you recieve ss benefits for your minor children, but why shouldn’t the ex-wife if she qualified receive what she is qualified for also? She was married to him at one time and did have children with him and it will not hamper any benefit amount that you would or will recieve as a widow in the future. You are just like a lot of second or third wives, you want to pretend like they did not ever have any other relationship before yourself. Good luck in your future though.
ex w.
I agree the first ex gets dumped on in every way and now you want her to do without even more….her getting what is due her doe NOT affect your greed at all
Ann W.
Your ex spouse deserves it, because you were married to him. That’s part of what marriage means….sharing everything. You knew when you stayed married to him, he deserves 1/2? That’s how it works. This process is only draining to you, because you think the rules are unfair because it hits your current pocket book. 🙂
janet
It doesn’t affect her social ss benefit. Sounds like she still has unresolved issues with her ex husband.
Darlene o.
How can a divorced spouse make an informed filing decision when SS reps refuse to give divorced spouse benefit estimates siting the prvivacy policy as the reason. They are told they must file to find out. Please provide training so that all reps understand every one has a right to know a potential benefit amount payable to them to plan their retirement.
Lorenzo D.
Since we need to protect the privacy of all of our beneficiaries, we can only give benefit amount information to the account holder. If you think you might be eligible for a benefit as a divorced spouse, we invite you to apply and receive a formal written answer from us. You can apply online for divorced spouse’s benefits, call us at 1-800-772-1213 (TTY 1-800-325-0778) or visit your local Social Security office. Their information can be found at http://go.usa.gov/bgfV.
Janet V.
I am 74 years old, still working
drawing on my own Social Security. I am asking if I can
still file against my ex-husbands
social security. I have not
remarried, was married 10 years and have been divorced since October of 1994.
Can you offer guidance?
Lorenzo D.
Thanks for your question. To be eligible for divorced spouse’s benefits, you had to be married to your former spouse for at least 10 years, and you cannot be eligible for a higher benefit on your own record. Here’s some information on how to qualify for divorced spouse benefits. Hope this helps!
Kathryn
But how can I know if my benefit is higher if I’m unable to receive information about what my ex-spouse’s benefit is?
Rosoe
Can I collect if we were married 20 , have been divorced over 3 years now I am not re married but he is
Ray F.
Hi Rosoe. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:
• You are unmarried;
• You are age 62 or older;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
Please visit our Retirement Planner: If You Are Divorced and read our publication “What Every Woman Should Know” for more important information. Thanks!
Sam O.
The point that Darlene oldendick was trying to make was that a divorced spouse can’t make an informed decision without being given the information that is needed. It is so arrogant of SSA to just glibly say “File and find out” when once you’ve filed, you’re locked into a possibly (and probably) bad decision for the rest of your life! This decision is much too important for SSA to act as if it is of no consequence. Most people trying to decide whether or not to file on a spouse’s record have also worked for their entire lives and could potentially lose an enormous amount of Social Security income over the years due to SSA’s arrogance in saying “Just file on the ex-spouse’s record and find out”. They then have the audacity to tout the ex-spouse benefit as a wonderful option. Not in my book! Not in my experience! SSA personnel treated me like the scum of the earth for trying to find out my options.
D M.
Thank you Darlene and Sam! I’m a divorced spouse, 42 year marriage. I was given the same, “file and find out” I was told I could take 37.5% of my ex husbands benefit at age 62 and 50% at 65. But I wasn’t told that figure was permanent, no future benefits. I took the pamphlet literally. It sounded so simple “you can receive a % of his benefits, etc.” I thought his benefits would drop to 62.5%. I was then told I could wait to age 65 and I’d be entitled to 50%. I thought I’d be gouging him even more. If I knew how much he would have left…I totally misunderstood. I’m responsible for not practicing due diligence. It didn’t occur to me that I had to, that there might be a catch-22 in there somewhere. I still believe Social Security is the best program ever. I tell myself I wasn’t stupid, just naive
My ex husband passed away last year and I got a letter that said I would receive a widow’s benefit of $700. Adding that to my $611, after the medicare deduction, my total SS monthly income is locked in for life at $1229 plus cost of living raises. My son was dumbfounded. He knew that his father’s first check was the limit S.S. pays. I’m glad to know that my ignorance didn’t damage him. I sure did damage myself though. Seventeen years of living on a fraction of what we as a team paid into social security because of one uninformed decision. So I will start the appeal process even though they tell me my chances of winning are slim and none. Maybe inside that behemoth that is Social Security there beats a heart that forgives mistakes. I think an actuarial table would show that even a big adjustment wouldn’t cost much given that I’ll be eighty in June.
gerald
Id certainly check this out thoroughly…and ask the people at allexperts.com…I think they know more than the social security people you find at the offices…
BeeLee
I think it is a shame these ladies are still out to get there ex-spouses I have worked and supported my self and my children and proud of it. I think we need a new law after the year 2000 women should no longer be eligible for their ex-husband benefits. They have gouged them enough over the years. Unless you were married to them over 25 years the ex wronged them in every way and abandon them, then its your entitlement. this is just wrong. P.S. I was married over 10 years and have no intentions. I am not married. I hope you look in to changing these laws.
Jillian
I went into SSI just to inquire about the benefits available to me at 62 (my x of 22yrs is 67) and all I wanted to do is SEE if it made sense to file a claim. Lo and BEHOLD first I got a note I had to send in his birth certificate. I’d decided now that I had the numbers not to file a claim. Next I got a letter, send birth certif or claim denied. OK. I wanted the claim denied cuz I wasn’t really aware they had filed it! NEXT: I get a check in the mail on my earnings! Not what I wanted at all. Complete surprise. Now I have a ONE TIME ability (why 1 time? it wasn’t my mistake) to repay SSI and put in a claim WITH the birth certificate at a later date. What a mess. Every question I asked the guy had to look up the answer and still I got filed completely wrong.
Ray F.
Hi Jillian, we apologize if there has been a misunderstanding while you tried to get information about your future benefits. If an application for benefits was processed and you do not want your benefits to begin now, the easiest thing to do is to “withdraw your Social Security claim” and apply at a future date. Yes, you have to repay any benefits you received. Also, keep in mind that there are some things you need to know about what will happen if you withdraw your application. To help you understand the best option for you, we recommend you discuss this with one of our representatives, either at your local office or you can also call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday between 7:00a.m. and 7:00p.m. Generally, you’ll have a shorter wait time if you call later in the week. Thanks!
D B.
I was told by SS when applying for my own SS that I could ‘apply’ for my ex’s in a year when he turns 62 but am not required to take it even though I applied. It will only tell me how much I would get from his earnings.
Betty
Excellent comment Sam!
Willie A.
I started receiving my ss benefits at age 62, in 2011 because my husband and I separated. I am now 66 years old and he will be 66 in August, 2016. He filed for divorce which was finalized on September 21, 2015. We were married April, 1987. Even though we are divorced, am I entitled to benefits from him? What if he re-marries, will I be entitled?
Ray F.
Hi Willie, you could still be eligible for benefits a Divorced Spouse, even if your ex-husband remarries. We associate and pay all benefits that you are eligible for during your initial application process at age 62 (or older). For specific questions about your situation and to report changes and update your benefit records, please contact your local office or call our toll free number at 1-800-772-1213 Monday through Friday, from 7 a.m. to 7 p.m. We hope this helps.
Ann W.
Deemed filing and spousal benefits
This often comes up in the context of spousal benefits. Let’s say, for instance, that you’re entitled to both spousal benefits and benefits based on your own work history. If you apply for one or the other prior to full retirement, it is presumed that you have applied for both. The Social Security Administration should then, at least in theory, approve you for the one that yields the largest monthly check.
Why does this matter? By assuming that you applied for all of the benefits you were entitled to at the time (that is, both spousal and primary retirement benefits), it follows that you can’t come back later and apply for the other type of benefit, even if it subsequently yields larger monthly payments.
Jim Blankenship, author of the blog Getting Your Financial Ducks In A Row, offers the following example of how this works:
Steve and his wife Edie are ages 66 and 61, respectively. The plan is for Steve to file for his Social Security benefit now (at his full retirement age), and for Edie to file for her own benefit when she reaches age 62. Then Edie will wait until she reaches her full retirement age of 66 to file for the spousal benefit based on Steve’s record, which will increase her benefit by $500 at that time.
Oops! Deemed filing will apply to Edie when she files for her own benefit at age 62, which will eliminate her chance to wait until filing for the spousal benefit. This will effectively reduce her total monthly benefit from the expected $875 per month down to $725. It may not seem like a lot, but $1,500 per year is still significant, and it could be considerably more depending upon the circumstances.
When the deemed filing rule no longer applies
It’s important to recognize that the deemed filing rule only governs instances in which someone applies for benefits prior to reaching full retirement. If you wait until passing this threshold — which, at present, is 66 years of age — then you are no longer precluded from later substituting in benefits that derive from a different source.
Kathy
my first husband died after 25 years of marriage. I recently remarried but was frauded. I am filing for an annulment. Will I be able to collect my first husbands social security?
Ray F.
Hi Kathy. Generally, we cannot pay benefits if the divorced spouse remarries someone other than the former spouse, unless the latter marriage ends (whether by death, divorce, or annulment). See our Retirement Planner: If You Are Divorced for complete information, then check out our publication, “What Every Woman Should Know” Thanks!
Kathy
Thank you so much for your reply. So if I am understanding you, as long as my first marriage was more than 10 years, if I remarry before the age of 60 and then my second marriage ends in divorce or annulment, I can then collect the benefits from my first marriage once I reach 62. Is that correct?
nidia g.
Yes you are correct
Debbie
My question is willy husbands ex wife will draw on the years they weren’t married
Lorenzo D.
Thanks for the opportunity to follow up! Please remember that we are required to protect the privacy of our customers and cannot provide information in detail about someone else’s record.
It’s our intent to pay all benefits that an individual is eligible for during his or her initial application process at age 62 or later. To get as much information as possible, the most effective way is to file a claim and get an official response. You will not be risking anything. Remember that if you qualify on your own record, we will pay that amount first. But if you also qualify for a higher amount as a divorced spouse, you’ll get a combination of benefits that equals that higher amount. . If you currently receive benefits on your own record, you will continue to receive them while we process your claim for divorced spouse’s benefits.
To get answers to specific questions about your situation, you can call our toll-free number 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available between 7:00 a.m. and 7:00 p.m. Monday through Friday, but you will generally have a shorter wait time if you call later in the week.
Matthew A.
Mr. Dickerson:
In response to your comment that “you will not be risking anything”, by applying for a divorced spousal benefit in order to find out how much of a divorced spousal benefit that one is entitled to, that is simply not true. By applying for the divorced spousal benefit, depending on the age at which the applicant applies, he or she could be subject to the “deemed filing” rule and may permanently reduce his or her Social Security filing options (such as filing only for a divorced spousal benefit at a later time while continuing to accrue Delayed Retirement Credits on his or her own record) going forward. The Social Security Administration needs to provide better and more easily accessible information regarding the amount of a divorced spousal benefit that an applicant is eligible for which suggesting that the applicant needs to apply to find out.
gerald
Id like mr dickerson to reply to mr allens response…
Ann W.
Deemed filing and spousal benefits
This often comes up in the context of spousal benefits. Let’s say, for instance, that you’re entitled to both spousal benefits and benefits based on your own work history. If you apply for one or the other prior to full retirement, it is presumed that you have applied for both. The Social Security Administration should then, at least in theory, approve you for the one that yields the largest monthly check.
Why does this matter? By assuming that you applied for all of the benefits you were entitled to at the time (that is, both spousal and primary retirement benefits), it follows that you can’t come back later and apply for the other type of benefit, even if it subsequently yields larger monthly payments.
Jim Blankenship, author of the blog Getting Your Financial Ducks In A Row, offers the following example of how this works:
Steve and his wife Edie are ages 66 and 61, respectively. The plan is for Steve to file for his Social Security benefit now (at his full retirement age), and for Edie to file for her own benefit when she reaches age 62. Then Edie will wait until she reaches her full retirement age of 66 to file for the spousal benefit based on Steve’s record, which will increase her benefit by $500 at that time.
Oops! Deemed filing will apply to Edie when she files for her own benefit at age 62, which will eliminate her chance to wait until filing for the spousal benefit. This will effectively reduce her total monthly benefit from the expected $875 per month down to $725. It may not seem like a lot, but $1,500 per year is still significant, and it could be considerably more depending upon the circumstances.
When the deemed filing rule no longer applies
It’s important to recognize that the deemed filing rule only governs instances in which someone applies for benefits prior to reaching full retirement. If you wait until passing this threshold — which, at present, is 66 years of age — then you are no longer precluded from later substituting in benefits that derive from a different source.
So let’s assume again that you’re entitled to both spousal and primary retirement benefits. If you apply for the former at age 66 — that is, after reaching full retirement — then the benefits stemming from your own work history will be allowed to accumulate delayed-retirement credits, which will increase them by 8% a year until your 70th birthday. That could add up to as much as 32% in total.
Kim
If we were married for less than 10 years. We were married for 8 years, going thru a divorce now. I’m the spouse do I apply for any benefits? He said Will give me anything I want?
Trisha
Is the amount still subject to the income limit that my own SS benefit would be subject to if I took it before age 66?
Ruthy V.
I just found out just recently…I am 66…former husband of 30 years…he’s 67….and the amount awarded me was $24.00. …..not very advantageous as they acted like it might be….
Acep
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CeeCee
Is that because you are already receiving retirement or social security benefits? If so, all they are doing is allowing you to keep all of your benefits and giving you a portion of his to say that it’s balancing out. If not, I would appeal because this really sad.
Earline B.
Hi I sign up for divorced spouse benefits and the replay I got back I did mot understand the letter said that I was not entitle to wife’s benefits because I was entitled to an equal or larger benefit on another social security record I am not understanding this statement I only was married once for 14 years with my ex-spouse what social security record are they referring to?
Ray F.
Hi Earline! If you are eligible or if you qualify to receive retirement benefits on your own record and you are also eligible for divorced spouse’s benefits, we will pay the retirement benefit first. We will only pay divorced spouse’s benefits, if the benefit on your ex-spouse’s record is higher, then you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. In some cases, a person could be entitled to more than one benefit at the same time and may receive a combination of benefits equaling a higher amount. For example, a person may be entitled, as a retired worker on his/her own record and also as a divorced spouse on another record. However, this individual’s benefit amount can never exceed the highest of either benefit amount to which they are entitled to. Please call our toll free number 1-800-772-1213, Monday to Friday between 7 a.m. and 7 p.m. or visit your local Social Security office for further assistance.
Sterling K.
They are trying to tell you that through your own Social Security ..you will receive more !
LISA F.
YOUR BENEFITS
renee h.
I am disabled and my ex (we were married 20 years divorced 16) is retired. Would I be able to collect on his Social Security even though I am collecting disability?
Ray F.
Hello Renee. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record at age 62 or older. However, If you qualify for benefits on your own record, we pay that amount first. If the benefit on your ex-spouse’s record is higher, you’ll get an additional amount on your 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!
Pat
My ex husband retired when he was 62. If I retire at full retirement at age 66 and apply for his SS benefits, will it be calculated at what he would have been given at age 66 or what he is receiving now since he retired at age 62. We were married more than 20 years and we’ve been divorced over 20 years.
Ray F.
Thank you for your question Pat. Your benefit as a divorced spouse would be equal to one-half of your ex-spouse’s full retirement amount, if you start receiving benefits at your full retirement age. For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!
Linda P.
I am 54 years old my ex-husband is 65 and he is drawn Social Security retirement is there any way that I can draw on him now or do I have to wait until I’m 62
Beverly
I have a question, my ex is from Panama, he was a resident when we go married. Never applied for citizenship. He was in the army reserves with an honorable discharge. He is now a federal inmate. My question is if he is granted clemency( his last option for release from a life sentence for drug trafficking/conspiracy… By deportation or if released here, because he is not a citizen, can he still collect? I am not at ease thinking that this man can live well off the money i made since i was 16 years old, paid taxes and was a good citizen.
Ray F.
Thank you for your question Beverly. Generally, an individual who has been deported may not receive Social Security benefits until he/she is lawfully admitted for permanent residence to the U.S. by the Department of Homeland Security (DHS).A determination of deportation is made solely by the Department of Homeland Security (DHS). If you need information about benefits your ex-spouse can receive based on your record, please read Benefits For Your Divorced Spouse, then check out our publication, “What Every Woman Should Know” for more important information.
robin b.
my ex husband just passed away i never remarried but i did have 2 kids by him do i qualify for anythin from him even though he remarried
Kay
question on this above topic. what if the ex husband remarried. Isn’t the current wife the only one that would get his benefits?
Ray F.
Hi Kay. An individual may be eligible for Divorced Spouse Benefits if he or she was legally married to the worker for at least 10 years before the date the divorce became final, even if the worker has remarried. The amount of benefits you get as a divorced spouse, has no effect on the amount of benefits your ex-spouse or their current spouse may receive. We hope this helps!
Ethel S.
Will she be able to collect benefits fro formerspouse before age 62
Anna L.
ymyback@aol.com
Diane D.
I am getting so security disability I was married for 11 years and divorced him I remarried and divorced him after three years can I still get his Social Security if he Dies
Ray F.
Hi Diane. If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more.
Lori
If I was married for 9 years and 11 months does that 31 day make me mot allowed to collect my x husbands SS now that he had died and I am disabled?
Ray F.
Hi Lori. According to our rules, an individual may be eligible for Surviving Divorced Spouse Benefits if he or she was legally married to the worker for at least 10 years before the date the divorce became final.
Lee
Hi My name is Lee and I have a friend who has a problem with a social security issue. He was married before and never finalized his divorce before he got married again. Well he died and his last wife who he lived and was married to for 20 years filed for his social security benefits and the other wife did to.Who would be entitled to receive his benefits the first or last wife?
Shelley M.
You and me both. When I applied for SS at 65, on my own benefits, lady in office stated I would receive $2500 per month after his death. I had been married 27 years and divorced for 10. He passed away in April. When I called about increase in benefits, they stated it would come to $39.00. On top of that, I still have not received the $39. I have phoned SS twice and they just laugh and ask what the big deal is.
Parry
My mom and dad were married for 30 years and then divorced. Dad died like 10 days ago. My mom was awarded all of his S. S. Benefits which is $1200. She didn’t even have to call or file. It came automatically. She’s VERY happy as she’s been living on $600 month for the last 20 years.
Ray F.
We are sorry to hear about your loss Parry. Thanks for sharing.
Pam M.
I am a 67-year–old female, married to a man with two previous marriages. If I outlive him, will his previous wives be eligible to receive any of his social security benefits?
Ray F.
Thank you for your question Pam. A “surviving divorced spouse” may be eligible for benefits provided that the marriage lasted 10 years or longer. Click here for more information.
Sharon E.
You need to get a SS lawyer because your being cheated.
carol M.
what? 24,00 dollars?
Deb
I know a man who draws his own SS and THEN they pay him the difference between what he can draw off his ex and his…in other words, if a person draws 1000 a mth and can get the ex’s, they will pay the person’s 1000 PLUS half of what the ex draws or WOULD draw at retirement age. The ex does NOT have to be retired or retirement age. The person drawing off the ex must be 62 or over.
Ray F.
If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record if:
• You are unmarried;
• You are age 62 or older;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
Under current law, if you qualify for benefits on your own record, we will pay that amount first. If the benefit on your spouse’s record is higher, you’ll get an additional amount on your spouse’s record so that the combination of benefits equals that higher amount. Sometimes, a person may be eligible to more than one benefit at the same time. For example, a person may be entitled as a retired worker on his or her own record and as a spouse (divorced spouse) on another record. However, a person’s benefit amount can never exceed the highest single benefit amount to which that person is entitled.
Karl
what age does the ex have to be for me to draw of SS?
I am over 62 and have no benefits on my own. We have been married over 10 years and the divorce is been 2 years. My ex is only 48. Can I apply to draw of my ex?
Ann C.
Hi, Karl. Great question! To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, be age 62 or older and you cannot be eligible for a higher benefit on your own record. Your former spouse must also be age 62 or older or entitled to Social Security benefits or be receiving disability benefits. Please visit our Retirement Planner: If You Are Divorced for more information.
L>Laws
Inline it states “Up to 50%”..I’d appeal it! If your spouse gets more than you do, you can qualify for 50% of whatever his amount is. I know for a fact, Because I do…even if you’re divorced or he died after you divorce..same applies. 50%.
Ray F.
just to clarify, your benefit as a divorced spouse can be equal to one-half of your ex-spouse’s full retirement amount only if you start receiving benefits at your full retirement age. Visit our Retirement Planner: If You Are Divorced for more information. Thanks!
Janice I.
My second husband Lloyd J Larson passed away in August 2018 am I eligible for his Social Security now my third husband we have been divorced for over two years but my second husband made a lot more and my eligible for Lloyd‘s Social Security
Lorenzo D.
Great question. If you are under your full retirement age, your earnings may reduce your ex-spouse benefit if they are more than the annual earnings limit that applies. Hope this helps!
Barb L.
To clarify, if my ex husband tries to collect on my record at age 62 (I am one month younger than he is) and I am still working full-time and earn considerably more than the earnings limit, he may not be able to collect?
Lorenzo D.
Barb, if your marriage lasted 10 years or longer and your ex-husband is age 62 or older and unmarried, he can receive benefits based on your record if you are entitled to Social Security retirement or disability benefits. If you have not applied for retirement benefits, but can qualify for them, your ex-husband can still receive benefits on your record if you have been divorced for at least two years. For further information, please visit our Benefits for Your Divorced Spouse webpage.
Barb L.
Thank you.
lanie
Do I need to go to u.s. to be a beneficiary of this? Im a filipina married to american and never been in the u.s.
Armi
Hi lanie,we are both the same widow of a usa citizen and never been in US and migrating soon this next month of feb if all things well getting a widows visa.
you may entitle for widows benifits.If you want to know about my experience i am willing to share for what i get through.My fb Armi L. Lavy
candy
can you please share your experience
Ray F.
For payments to noncitizens living outside the United States, go to our Frequently Asked Questions web page. For information on spouse benefits, click here. For additional assistance related to Social Security benefits, you may contact the U.S. Embassy in the Philippines by phone or email.
OLENA
CAN YOU HELP ME TOO..SAME AS YOU ARE STATUS….I DONT WANT ANY ONE CHEATED ON ME..SO PLS..I NEED YOUR HELP
Lynn
If your Husband Died and the wife never remarrieds and its been 16 years but you were only married 6yrs…..Can you draw his SSI’ THANK YOU!
Ray F.
Hi Lynn, if you are the widow of a person who worked long enough under Social Security, you can receive reduced benefits as early as age 60 (age 50 if disabled). A surviving divorced spouse would have to have been married for 10 years or more to collect benefits. At this time, we do not offer an online application for survivors benefits. You can call our toll free number at 1-800-772-1213 or contact your local Social Security office if you need further assistance. Thanks.
Wisdom
I don’t think tha should be happening for exes who were DRUG ADDICTS ALL THEIR LIFE AND NIW WANTVTO TAKE THE WORKING PERSONS MONEY!!
Paul H.
I retired at 62, and my ex-wife retired at 66. We were married for 25 yr’s & devoiced for 11 yr’s my ex-wife passed away 5 months ago, does that quaifity me for Retirement Planner? I am a disabled service connected veteran.
Kenny O.
Thanks for the question. You could be eligible for widows benefits based on your ex-wife’s earnings. You can receive widows benefits as early as age 60 For additional information on Survivor benefits, check out our Survivors Planner at http://go.usa.gov/VW3C. We hope this helps.
E W.
yes the earnings limit is the same for ex-spouse benefits and retirement benefits. $15,720 for 2015
Amy
Please tell me there is a law that will prevent my acts of 20 to 30 years which has been a drug addict and alcoholic can’t we stop her from getting my Social Security retirement benefits and death survivor benefits I really want to stop this from happening is there a way
flor
Im not a legal in this state but my husband was receiving ss and he passed away 4years ago can i get hes benefits or wat do i have to do
Ray F.
Thank you for your question, Flor. Noncitizens living in the United States who continue to hold U.S. lawful presence requirements and meet all other eligibility requirements are eligible to receive Social Security benefits. Please visit our Frequently Asked Questions web page for more information.
Shirley J.
Why should non USA citizens received funds that a USA citizen cannot get. I am on disability, divorced and cannot afford a place of my own. I didn’t get my yearly cost of living.
How can I obtain more financial help so I can get a home of my own. Whom do I contact.
Ray F.
Hi Shirley. Individuals receiving disability benefits may also be eligible to receive social services from the state in which they live. These services include Medicaid, free meals, housekeeping help, transportation, housing or help with other problems. You can get information about services in your area from your state or local social services or welfare office. Or you can visit the U. S. Department of Health and Human Services (HHS) web page for more information. We hope this information helps!
Joe C.
What you need to do is, take your illegal butt and go back to your country and try to get money from your government.
Kathy
If I draw on my divorced husband account – or he on mine – does that decrease the amount either of us would receive?
Ray F.
Thank you for your question Kathy. No, the amount of benefits you get has no effect on the amount of the benefit your ex-spouse may receive. Visit our “Retirement Planner: If You Are Divorced” for more information.
Judy
I am confused by this. If I collect on my ex’s social security, and he collects on his social security, that is double the amount paid out. Can this be right?
Ray F.
Hi Judy. Workers receive Social Security retirement and disability benefits based on their covered earnings. Members of their families may also qualify for benefits based on those earnings. However, there is a limit to the amount we can pay each family member. Benefits for family members have always been limited by the family maximum rules. The maximum family benefit is the maximum monthly amount that can be paid on a worker’s earnings record.
donna
what if he is remarried
Beth B.
How do I get a copy of my ex-spouse’s birthcerticate?
Ray F.
Visit http://www.cdc.gov/nchs/w2w/index.htm
Lee
If I was married before and never finalized my divorce and remarried But died who will receive my benefits the first or last wife
deanna
My husband was married for 15 years. Divorce now 17 years. He is now married to me for 10 years. I heard that if he died his first wife would collect is ss. Is that true?
Ann C.
Thank you for your question, Deanna. A surviving divorced spouse could get benefits just the same as a widow or widower, provided that the marriage lasted 10 years or more. Benefits paid to the surviving divorced spouse; however, do not affect the benefit amount you can receive as a widow. We hope this information helps to clarify.
Shelia
but how does the ex wife receive a copy of death certificate to receive these benefits as when i go to ssa to apply they say i need death certificate. However, the ex wife is not a ‘relationship’ candidate on application… Am I just getting the wrong person at ssa. Please advise. thank you
Ray F.
Please visit: Information You Need to Apply for Widow’s, or Surviving Divorced Spouse’s. You should not delay filing your claim just because you do not have all the documents. We can help you get them.
Sherry
I qualified for, and started receiving, the ex-spouse benefit as soon as I reached age 66. At the time, I had been divorced, and had not remarried, for 25 years. Several months later I decided to remarry. When I approached my local SS office to change my name and address, I was told that I no longer qualified. When I originally applied, the office I used (in another state) told me that even if I remarried in the future, I would retain the benefit since I was not married at the inception of the benefit. This particular rule seems vague, and I have gotten several interpretations, not only from 3 different SS offices, but also the national SS customer service center, where I was told it should not have been taken away in my circumstances. What is the true answer?
Kathy
I was married for 25 years and then widowed. I remarried at 56 years of age, but was only married for 2 years before we separated. Now, because of my religious beliefs, I have filed for Legal Separation. My understanding is that, in the eyes of the law, Legal Separation is exactly the same as Divorce except that I cannot remarry. Anyway, my question is this, I know that the Social Security Handbook says that if you remarry before the age of 60, and that “marriage ends, whether by death, divorce, or annulment” you will be entitled to the survivor benefits from your first marriage., but, what about Legal Separation?
Ivy
Hi,I am divorced,my ex passed away and we have minor child together .How can I get Social Security benefits for our child?
Ray F.
Thank you for your question Ivy. Generally, children under age 18 (up to age 19 if attending elementary or secondary school full time) of a worker who dies, may be eligible to receive Social Security survivor benefits. At this time, you cannot report a death or apply for survivors benefits online. To see if your child is eligible to receive benefits, you will have to call our toll free number at 1-800-772-1213 and ask one of our agents to assist you. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. You can also contact your 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. Visit our Survivors Planner: If You’re The Worker’s Minor Or Disabled Child web page for more information.
Linda W.
I’m not sure if this article helped me…see I am married (13 years) to a man who has an ex-wife (married 10)…now I understand his 1st wife is entitled to benefits, BUT will I be entitled to benefits being his 2nd wife?
Ray F.
Hi Linda. Generally, you must be married for one year before you can get spouse’s benefits. To qualify for divorced spouse benefits, the ex-wife can receive benefits based on your husband’s record, if their marriage lasted 10 years or longer. She also has to meet additional eligibility requirements. However, the amount of benefits she may get has no effect on the amount of benefits you (as a current spouse) may receive. Visit our Retirement Planner: Benefits For You As A Spouse for more information.
AnabelW
I meant a friend who directed me to Papa online who help people to solve their problem and then i wrote to him and he said i should not worry about anything, that i should give him a day for him to cast a spell for me and after that 2 days my ex called me on my office line and started begging. That is how my ex came back to me contact orkstarspell@gmail. com