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.
Deborah W.
is it true I can can collect my ex husband’s SS after he has passed ? I am 65, did he have to be a certain when he passed.
V.V.
Hi Deborah. If you are the divorced spouse of a worker who died and you are not married, or remarried after age 60, you could get benefits just the same as a widow or widower. For more information, please visit our Surviving Divorced Spouse webpage.
Vera S.
I would like to retire early at age of 62. My ex husband is younger and will continue working.How can I find out how much money I qualify for if I draw of my Ex spouse? I understand the basics like half,but how I can obtain an earnings statement or the actual amount? I have his SS # and need the amount that will be paid to me. I can not work much longer due to heath issues. And work part time now to make it another year avoiding trying to fight for disability etc.
A.C.
Hi, Vera. 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. For more information on how to qualify for divorced spouse benefits, visit our Benefits Planner: If You Are Divorced. We hope this helps.
Richard R.
When I was working and all I remember hearing was around February cha Ching like it was a slot machine. The guys talked of much money they could receive because of them having many children. I for one knew having children was not in my future and they are expensive. I think we need to really look at this credit and teach them some valuable lessons as well. Incentives on sending them to preschool, getting there children into higher learning classes? Then we can reward these parents , I just think we can do more in this area .
Thank you
R.R
Marquitta G.
If I am receiving benefits on my record. I am o my 51 but my ex is drawing social security am I eligible to draw of him if I would draw more money. My lawyer screwed me every which way bit loose. I didnt know any better I was young. And I got screwed out of the. Military pay . I dont even think my lawyer told about and she knew he had been in service for 20 yrs TOOK HIS ABUSE FOR 15YR S. AND NOW WILL NEVER GET ANYTHING.
V.V.
Hi Marquitta, thanks for using our blog. If you are divorced and currently unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. Your benefit as a divorced spouse can be equal to one-half of your ex’s full retirement amount only if you start receiving those benefits at your full retirement age. If you begin to receive benefits at age 62 or prior to your full retirement age, your benefits are reduced. The reduction factors are permanently applied to all of the benefits you qualify for once you opt to start benefits at age 62 or at any time prior to your full retirement age.
Remember, if you qualify for your own retirement benefits and for benefits as a divorced spouse, we always pay your own retirement benefits first. If your benefits as a divorced spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher divorced spouse benefit.
See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
Judith A.
If you are divorced, and your ex spouse dies before his retirement age and neither spouse remarried, do some exceptions apply to the surviving ex-spouse’s eligibility to collect the deceased ex-spouse’s social security retirement earnings if you weren’t married 10 years? I received information from Social Security but I need clarification for better understanding of the rules and in what cases a rare exception may apply. I was married 9 years 5 months and my ex spouse died 4 years 6 months after we divorced. He had not remarried and I have not remarried. I have received SS disability since 2008 based on my own earnings, which my understanding is it automatically converts to retirement benefits at age 65. I will be 65 next month. I would appreciate any information you can provide.
V.V.
Hi Judith, thanks for using our blog to ask your question. If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. For more information, please visit our Surviving Divorced Spouse webpage.
Deborah K.
kiddhowell@icloud.com
Esther s.
If I divorced my spouse and remarried later and x spouse has since died can I draw from him I draw as on my own
V.V.
Hi Esther, thank you for the question. Widows and divorced widows that remarry after age 60 (age 50 if disabled), may continue to qualify for benefits on their deceased (ex)spouse’s Social Security record. If your new spouse is a Social Security beneficiary, you may want to apply for spouse’s benefits on that record. If that amount is higher, you may be entitled to the higher amount, based on both records. Generally, you must be married for one year before you can get spouse’s benefits. Please visit our Frequently Asked Questions web page to see how marriage can affect Social Security benefits. We hope this helps!
Nancy
My name is Nancy. I want to testify the great work of Dr Mercy for helping me to get my Ex boyfriend and my job back.I thank Dr Mercy for helping me to recover all what i have lost before back,this is why I said I must tell the whole world, what he did for me is real, if you need his help you can contact him via mercyspellhome@gmail.com WhatsApp numeber: +27653505508
ELISA Z.
Thank you for this information, My sister and I were confused. Someone from a Social Security office informed my sister different. She said my sister couldn’t apply because her husband was not retired. That she had to wait until then or until he would apply for benefits. They have been separated for over 15 years. They thought they were divorced back in 2009. But they are still married. He remarried about 13 years ago. My sister didn’t qualify under her own social. Because she didn’t have enough credits. So she wanted to apply under her husbands social. But was told she couldn’t because she was still married. They are going to get divorced. My sister asked if she can apply and receive benefits after 2 years of the divorce she was told o that she had to wait. She was told no she couldn’t that she had to wait until her husband retired or applied for his benefits. So this information made my sister happy. She is 63 years old and could use the benefits. They have been married since 1975. I am her sister Elisa I’ve been helping her. If you can help with any other information we would appreciated.
V.V.
Hi Elisa, thanks for using our blog. We are happy to hear that the information helped your sister. Have her check out our Retirement Planner: If You Are Divorced web page for additional details. We hope this is helpful!
Suzanne
Can my ex husband receive any of my retirement benefit, if he remarried and divorced for a second time?
V.V.
Hi Suzanne, thanks for using our blog. If you are divorced and your ex-husband is currently unmarried, he may be able to receive benefits on your record if your marriage lasted 10 years or longer. Check out our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.