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”!
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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
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Catherine H.
Hi. If I have been married for 45 years.
But have bees seperated for 20 years.will I get spousal benefits?
V.V.
Hi Catherine, thanks for using our blog. Check out our Frequently Asked Questions web page for details on the eligibility requirements for spouse’s benefits. We hope this helps!
Frances A.
I am 74 years old and am collecting Benefits on my ex husband’s account. If I get remarried will I lose those benefits?
V.V.
Hi Frances, thanks for using our blog. If you’re receiving divorced widow’s benefits and you remarry after age 60 (age 50 if disabled), you may continue to qualify for benefits on your 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. Please visit our Frequently Asked Questions web page to see how marriage can affect Social Security benefits. We hope this helps!
sheila s.
my ex husband just pasted away. I am drawing retirement myself but I wanted to know if I would get higher amount drawing from his.what information would be needed to get the amounts. I was first wife and I never remarried.He does have a widow.
V.V.
We are very sorry for your loss, Sheila. 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. Benefits paid to you as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record. If you remarry after you reach age 60 (age 50 if disabled), the remarriage will not affect your eligibility for survivors benefits.
You may be able to receive full benefits at your full retirement age for survivors or reduced benefits as early as age 60.
Check out our Survivors Planner web page for additional details.
To apply for benefits, call us at 1-800-772-1213 for assistance or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.
Mel
hello good day, I am 49 years old woman … Me and my husband married for more than 10 years already .. WE been together for more than straight 10 years until he died .. since we got married i had never work and i stayed at home and we do not have any children….MY husband died as a pensioner of SSS we received the SSS benefits… and i am still single never remarried again. My question is can I get the SSS benefits ? and my husband has a prior ex wife and stayed together longer, than me and my deceased husband ?
mel
me and my husband already married
by the time when he file for SSS benefits he told me he will put his ex wife as a beneficiaries his reason was they married and stayed together longer compared to us… I did not object his decision coz i do want any arguments and no fighting …he already received his SSS benefits until he died … we have been married for more than straight 10 years and stayed together until his last breath… I am 49 years old now never married again and still single my question am I eligible to get my husband benefits ? since the ex wife was the beneficiaries?
V.V.
We are very sorry for your loss, Mel. If you are the widow of a person who worked long enough under Social Security, you can receive full benefits at full retirement age for survivors or reduced benefits as early as age 60. If you qualify for retirement benefits on your own record, you can switch to your own retirement benefit as early as age 62 or as late as age 70.
Check out our Survivors Planner web page for additional details.
V.V.
Hi Mel, thanks for using our blog. If you are the widow of a person who worked long enough under Social Security, you can receive full benefits at full retirement age for survivors or reduced benefits as early as age 60. If you qualify for retirement benefits on your own record, you can switch to your own retirement benefit as early as age 62 or as late as age 70.
Check out our Survivors Planner web page for additional details.
DJ
If I were to retire at 62 and I was wondering how I could estimate what I could draw from my ex husbands social security. He has just retired at 65. We were married 28 years at the time of our divorce.
Lauren r.
I was married to Anthony Schiavello Jr. for 10 years he is 62 and doesn’t collect yet. Am I elligable for any of his benifits. Thank you Lauren Schiavello Russo
V.V.
Hi Lauren, 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.
S. W.
My ex husband and I were married for 17 years. He has now died am I entitled to anything?
V.V.
We are very sorry for your loss. If you are the divorced spouse of a worker who died and you are not married, you could get benefits just the same as a widow or widower. For more information, please visit our Surviving Divorced Spouse webpage.
Charlotte L.
My ex-husband recently died, am I entitled to any death benefits? I was married for 25 years and have not re-married.
V.V.
We are very sorry for your loss, Charlotte. If you are the divorced spouse of a worker who died and you are not married, you could get benefits just the same as a widow or widower. For more information, please visit our Surviving Divorced Spouse webpage.
To apply for benefits, you can call us at 1-800-772-1213 for assistance or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.
Sandra S.
My ex spouse has a pathological issue with the truth. He is under court order to pay spousal support. He tried to get me to waive or reduce support due to the current pandemic. Initially I considered it, then discovered he not only lied, (so he could procure lending to buy a race car) He then stated he is now collecting ssi (which as an ex spouse married for 10 years I’m entitled to a benefit equal to half his benefit if greater than my ssdi) how do I find out if he is indeed collecting his benefit and what half that benefit amounts to? I’ve also confirmed he continues to work under the table and possibly collecting unemployment benefits on top of that? My ssdi benefits are $1279-$1125 rent leaves me with $54 to live on, as he’s now withholding my spousal benefits, which now prevent me from being able to pay my medical costs, medications, utilities and groceries. All so he can play Penelope Pitstop thinking he’s a race car driver.
Trying to deal with the courts right now during the pandemic is a no go. I can’t get any help there. I have a chronic illness for which there is no cure. I’m less than a month away from being homeless and he’s well aware of it. If he is indeed receiving ssi benefits, his direct deposit hits the same bank I use on the same day mine does, and he has the funds to make his court ordered payments and I can get my medications and eat and stay warm.
Sorry for airing my dirty laundry
V.V.
Hi Sandra, thanks for using our blog. You can call us at 1-800-772-1213 for assistance or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.
James D.
Hi not sure if this the right place to ask this but I will give it a try.
My sister in-law was married to an American citizen. He has past away a few years ago. She is a German citizen and would like to collect the Social Security from him. After filing everything out it was said that she needs a ssn. Is it possible that she can still get a ssn even though he has died.
V.V.
Hi James, thanks for using our blog. Your sister-in-law should contact the nearest Federal Benefit Unit in the area for any assistance related to Social Security programs and benefits. Also, our Office of International Operations web page provides more information to assist our customers living abroad.