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
Comments
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Margaret K.
I am 70 years old and collect Social Security Benefits. I began to collect early, by going the Social Security Disability route, even though I tried to work as much as I could but then it became impossible because I broke my back in 2008, had to move to FL per doctor’s recommendations to ease arthritis. I am handicapped and in a wheelchair.. My SS Disability changed to regular SS when I turned 65 or 66.aprox. $1528.00.. My ex-husband is now in the last stage of dying from Extreme Alcoholism, B-Cell Lymphoma, etc. which is why I divorced him over 28 years ago. He never worked again I don’t think since 1994, He remarried… the prostitute he hooked up with but they had no children between them, she had enough as an unwed prostitute multiple times. She is 63. I have never remarried, have no children and was married to him for 18 years. What are my Social Survivor Benefits going to be and when will that include?
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Betty s.
I am 72 years old can I draw my former deceased husbands SS, I was married with him for over 10 years. I am presently married.
Betty s.
I am 72 years old can I draw my former deceased husbands SS, I was married over 10 years, even though I am presently married. Betty
V.V.
Hi Betty, thanks for using our blog. Widows that remarry after age 60 (age 50 if disabled), may continue to qualify for benefits on their deceased 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!
Ellen
I turned 62 in April and still working full time. My ex-spouse is deceased, he died at age 56. We were married for over 13 years and I have not remarried. About a year ago I visited the local SSA office and was told I could start collecting benefits now under myself (even though they would hold back quite a few months since I still work) and then when I turned 66 I could re-file and start collecting under my deceased ex-spouse’s benefits which would be much higher than mine. I cannot find any information or documents on the SSA website on being able to re-file at my full retirement age on my deceased ex-spouse’s benefits if I am already collecting benefits under myself now. I do not want to collect anything now if I cannot re-file at age 66 on my deceased ex-spouse’s benefits. I have called my the local office since it is closed due to the virus and I’m getting conflicting info each time I call. Can you please help me understand and confirm if I can do this?
Melanie B.
Does your ex-spouse have to be 62 before you can draw on their benefits? My best friend wants to retire, she is 62, but her ex-husband won’t be 62 until next October.
V.V.
Hi Melanie, thanks for using our blog. The ex-spouse must be entitled to Social Security retirement or disability benefits. Check out our Retirement Planner: Benefits for your Divorced Spouse for more details. We hope this helps!
jewel c.
i retired from the postal service in 2012. i receive an annuity from postal service .
i do not have enough credits for social security benefits on my own.
am i qualified for social security benefits from my ex ?
i was married more than 10 years.
V.V.
Hi Jewel, thanks for using our blog. If you receive a pension from a government job in which you did not pay Social Security taxes, some or all of your Social Security spouse’s, widow’s, or widower’s benefit may be offset due to receipt of that pension. This offset is referred to as the Government Pension Offset, or GPO. For additional details, check out our Government Pension Offset factsheet.
Sandra W.
I’m already receiving SS benefits. Can I draw benefits from my ex’s benefits and mine?
V.V.
Hi Sandra, 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.
To inquire on your eligibility, 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.
Lawrence T.
My ex spouse has a higher benefit than me, so how do I get benefits increased based on that? What are the steps?
V.V.
Hi Lawrence, 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.
Generally, during the initial interview when applying for Social Security benefits, we typically explore all other benefits that could yield you a higher benefit amount. To find out if you are eligible for a higher benefit amount, you can call us at 1-800-772-1213 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.
Donna N.
How to get ex spouse social security benefits i have called and got hung up on never answered the hold call
V.V.
Hi Donna, thanks for using our blog. We are sorry to hear about the difficulties you are experiencing with Social Security. 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.
You can apply online by using our Social Security Retirement/Medicare Benefit Application to apply for retirement, spouse’s, divorced spouse’s or Medicare benefits.