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
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Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
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charles
can my ex wife get anything from SSI while i’m still alive?
J.Y.
Hi Charles ! Benefits issued through our Supplemental Security Income or SSI program are based on the needs of the individual and are only paid to the qualifying person. There are no spouse’s, children’s or survivors benefits payable. Benefits paid through our Social Security Disability Insurance (SSDI) program, in certain circumstances, are payable to you and certain family members if you worked long enough and paid Social Security taxes.
Christine W.
My estimated SS at 62 on my own record is about $700 less than my soon to be ex husband’s. If I decide to collect at 62, and collect on his, would I get mine, plus $700 from his to equal what his is, or would i just get half of his, or strictly have to take mine because it is higher than half of his?
mishell
Also, does my ex collecting under my name, does that mean I will get less?
He has only worked under the table since we have divorced so I don’t think he will have any amount in his account.
Plus I don’t think it is fair when your ex abuser can still profit off of you- even after divorce. There has to be a way to STOp this
R.F.
Hello Mishell. Your ex-husband may be eligible for Divorced Spouse’s Benefits, if you two were legally married for 10 years or longer. Your current husband also may be eligible for Spouse’s Benefits. The amount of benefits payable to your divorced spouse has no effect on the amount of benefits you or your current spouse may receive. We hope this information helps answering your questions.
mishell
What if I file for divorce before 8.5 years, but the process takes so long that until the divorce was final it is 10 years. Does that mean he gets it too?
Can I protest this?
What about my new husband? Does that mean he gets nothing?
Lois L.
My former sister in law was married to my brother for 22 yrs in AZ. They divorced and she moved in with a man who she has lived with over 11 yrs in OR. She never married him in order to continue to receive alimony. My brother has recently passed away and I was wondering if there is any way to prevent her from collecting his social security benefits?
Nancy
HI Ray, how come you did not answer my question dated the 12-7-15? If you have questions you can email me directly.
R.F.
Hi Nancy, we apologize if we missed your initial question. Unfortunately, your questions are a bit more complex than we can handle in this blog. In your situation, it will be best to speak with one of our representatives. Please call our toll free number at 1-800-772-1213 from 7 a.m. to 7 p.m. Monday through Friday or visit your local Social Security office.
A. K.
If a service member who started their retirement plan about 5-6 years prior to marrying and was married for about 6 years (this would be 12 years into his service at the time of divorce) is the soon to be ex wife entitled to any of the retirement/pension benefits if the service member divorced her for committing adultery.
R.F.
If you are referring to Social Security benefits, in addition to meeting other factors of eligibility, to qualify for and to receive Divorced Spouse benefits, the marriage must have lasted 10 years or longer.
Sheila
What happens in a situation where you have an ex-wife (married for 10 year and children) and a current wife (married for 39 years and children), the husband dies (he is 74). Who is entitled to his ss check?
R.F.
Sheila, both the ex-wife and the current wife could get benefits. If he was married to the ex-wife for at least 10 years, she could receive Surviving Divorced Spouse’s Benefits. The current wife could qualify for Widow’s Benefits. Thanks for your question !
Erin O.
Hi,
Can my ex spouse who is older and already filed and receiving his own SS now receive a portion of my SS (that will be more than his current smaller benefit). Can he file for mine after he has already filed for his?
Thanks!
Nancy
I started taking my social security benefit at age 62. I am now 75 years old. I was married two times, both more than 10 years and I am now divorced from my second husband. My first husband passed away 3 years ago. Can I claim benefits as a surviving spouse on his account?
My second spouse is still alive an over 67 years old. He is now claiming his benefit and I am wondering if I have the right to claim on his benefit?
If I were entitled to one or both of this spousal benefits, once I decide on one, can I change at a later date once the second spouse dies?
Please help as I think I have been receiving less than what is authorized under social security regulations.