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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Tracy
How do I find out how much me ex would get in SS, so I know if I should request his or just keep mine?
Vonda
Hi Tracy, thanks for using our blog. 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. However, the divorced spouse’s benefit cannot exceed one-half of your ex-spouse’s full retirement amount (not the reduced benefit amount). So, you can only receive additional benefits if your own full retirement benefit (not your reduced benefit) is less than half of your ex-spouse’s full retirement benefit.
Check out our Benefits for a Divorced Spouse web page for other eligibility requirements and more detailed information.
To inquire about potential benefits on your ex-spouse’s record, 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.
Nancy M.
My ex-husband and I were divorced on October 1, 2020 after 38 years of marriage. We are both collecting social security benefits; however his benefits far exceed mine. I am 71 and he is 73. Am I eligible to receive any of his social security benefits as an ex-spouse? I have not remarried.
Nancy
Nancy R.
My ex-husband and I were divorced on October 1, 2020. I am 71 and he is 73. We are both currently collecting our benefits. His benefit far exceeds mine. Am I eligible to collect any of his social security benefits?
Nancy
Vonda
Hi Nancy, 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 ex doesn’t have to be full retirement age, just entitled to Social Security retirement or disability benefits. 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.
Check out our Benefits for a Divorced Spouse web page for other eligibility requirements and more detailed information.
Tana Y.
I am 68 years old and have been married twice. Can I file for benefits from my 1st husband by California’s law?
Vonda
Hi Tana, thanks for using our blog. If you are divorced and currently unmarried, you may be able to receive benefits on either one of your ex-spouse’s records if each 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.
Check out our Benefits for a Divorced Spouse web page 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.
To inquire about potential benefits on your ex-spouse’s records, 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.
Sira M.
How can I apply for benefits from my ex who has reached retirement age. We were married for 18 years and have been divorced for 28 years. I have not remarried.
Vonda
Hi Sira, 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 ex doesn’t have to be full retirement age, just entitled to Social Security retirement or disability benefits. 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.
Check out our Benefits for a Divorced Spouse web page 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.
West
My ex husband an i were married for 13years
When we divorced i became very ill within a year ended up applying for ssi/ssd i am turning 51 soon and am wondering if i can collect on him for ssd since i have been disabled for 10 years and my ssi/ssd so very low
He has not yet retired but makes very good money
Vonda
Hi West, thanks for using our blog. You may be eligible for divorced spouse’s benefits if you are at least 62 years of age and your ex-spouse is receiving retirement or disability benefits. Check out our Benefits For Your Divorced Spouse web page for additional details.
Margaret R.
Im 72 my soon ex is 74,,can i get alimony from his sss when we divorce..
Vonda
Hi Margaret, thanks for using our blog. We can withhold Social Security benefits to enforce a legal obligation to pay alimony or restitution. State laws determine a valid garnishment order. Check out our Frequently Asked Questions web page for more details.
Carolyn B.
I am 54 my ex husband is 67. We were married in August of 1996. We divorced in 2007 . I have never remarried. We both draw disability benefits. Can I receive part of his disability since he draw around 500 more a month than I do
Vonda
Hi Carolyn, thanks for using our blog. For you to qualify for divorced spouse’s benefits, you must be 62 years old. Once you turn 62, you may qualify for additional divorced spouse’s benefits if your own disability benefit is less than half of your ex’s disability benefit. Benefits paid to you as a divorced spouse will not decrease your ex-spouse’s disability benefit. Check out our Benefits For Your Divorced Spouse web page for more information. We hope this helps!
Debra J.
I am getting my ex’s benefits now and delaying getting my own benefit. I cannot see on the medicare/social security on line what my own estimate will be as I age because I am now getting my ex’s benefit. How can that be remedied?
Sandi
My ex and I were married 11/9/1984, legally separated July 1991 and legally divorced 10/3/1996. Since we were legally separated in 1991, would he still be entitled to my benefits?
Vonda
Hi Sandi, 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, or your ex-spouse may be able to receive benefits on your 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. We hope this helps!