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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Dale
If I am reading this correctly. My X spouse can draw off of my benefit? She was born in May of 1956. We were married more than 15 years. Divorce for more than 10 years. She would be able to draw hers and partially off mine? Does she have to wait for full retirement to do so? How much of this will affect mine?
Vonda
Hi Dale, thank you for the question. If your ex-spouse qualifies for retirement benefits, she must apply for those benefits fist. If benefits as a divorced spouse are higher than her own retirement benefits, she will get a combination of benefits equaling the higher divorced spouse benefit. However, the divorced spouse’s benefit cannot exceed one-half of your full retirement amount (not the reduced benefit amount). So, she can only receive additional benefits if her own full retirement benefit is less than half of your full retirement benefit.
Check out our Benefits for a Divorced Spouse web page for other eligibility requirements and more detailed information.
The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive. We hope this helps!
Carolyn P.
Been getting a letter over payment letter to me for over payment of3,000at first it was they had me at I bring home 800.? My husband was worth about 17 or so thousand and they I get what 12% of that or something and whatever at 600. So they think that that’s all that he made and therefore he makes less than me so I do not deserve it over payment and I have to send it back and that’s the same amount that you’re sending me now I need to know what it is and to stop the whole pack the whole paycheck you’re taking out next month .
Vonda
For your security, Carolyn, we do not have access to private information in this venue. We ask that members in our Blog community work with our offices with specific questions. You can call us at 1-800-772-1213 for assistance or you can call 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.
vera
since im on unemployment because i lost my self-employment from the covid-19 and am trying to get health insurance. i have to go threw medicaid first because my son has an income to see if i get denied. Medicaid is also telling me that i have to file for social security retirement since im 62. if i was married but seperated in 1984 but didnt legally get divorced am i still considered married or could i file as divorced.
Vonda
Hi Vera, thanks for using our blog to ask your question. If you’re still legally married, you may be able to receive spouse’s benefits; however, we will always pay your own retirement benefit first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit. However, the spouse’s benefit cannot exceed one-half of your husband’s full retirement amount (not his reduced benefit amount). So, you can only receive additional spouse’s benefits if your own full retirement benefit (not your reduced benefit) is less than half of your husband’s full retirement benefit.
Our system is set up to take retirement applications four months in advance, and when you’re ready, you can apply for your retirement benefits online.
If you are unable or would rather not apply online, 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.
CAROINE H.
I would like to know how I collect unpaid spousal maintenance from ex spouse. We were married over 10 years. In the Divorce degree it was ordered that he pay, but he did not. How can I collect from his social security? I never remarried.
Vonda
Hi Caroline, 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.
Check out our Benefits for a Divorced Spouse web page for other eligibility requirements and more detailed information.
Connie
My ex-spouse took an early retirement (age 62) and I get SSDI (age 63). When should I apply for ex-spouse benefits?
Lucy
I have been receiving 1/2 half of my ex-husband’s SS since I was 66. I am turning 70 in April 2021. Will my benefit automatically increase to my SS at age 79? If not, do I have to apply for it and how do I do that.
faina k.
Hi,
I am full retirement age. And receiving my own retirement benefits. Can It be changed to receiving only my the divorced spouse benefits?
Vonda
Hi Faina, thank you for the question. 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.
Debi
Hi I’ve been on disability since 2017 receiving benefits, I turn 61 in December of 2020. My question is can I file for exspousal Social Security or do I have to wait until next year December when I turn 62 thank you.
Vonda
Hi Debi, thanks for your question. You may be eligible for divorced spouse’s benefits if you are at least 62 years of age. At that time, if your ex-spouse qualifies for retirement benefits but hasn’t applied, you may be able to receive benefits on their record if you have been divorced for at least two years.
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.
Remember, if you qualify for your own benefits and for benefits as a divorced spouse, we always pay your own benefits first. If your benefits as a divorced spouse are higher than your own 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 disability 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.
Stephen B.
I am 67 (68 in January 2021). My wife is eager for me to begin collecting social security immediately. Therefore, she will collect spousal benefits as well.
We have been married more than 20 years.
However, she has been communicating with and old boyfriend and there is every indication she will leave me and go back with him. He is now divorced from his wife, and they have been communicating and possibly meeting up.
1. What will happen if (when) the above comes to fruition?
2. Will she continue to receive my benefits if she divorces me?
3. Will my benefits be reduced now if she also collects from my social security, and continues to collect if she divorces me?
5. Will she continue to receive benefits from my social security if we divorce?
6. Will my benefits be reduced if she and I both collect?
7. What happens if things move forward as anticipated, and she begins dating or marries her old boyfriend?
Sue
Hi, Stephen. Thank you for reading our blog and for your questions. Your wife cannot receive benefits as your spouse until she is 62 and you start receiving benefits. The longer you delay starting your benefit, up until age 70, the greater your benefit amount will be. If your wife qualifies for her own retirement benefit and for benefits as a spouse, we always pay her own retirement benefit first. If her benefits as a spouse are higher than her own retirement benefit, she will receive a combination of benefits equaling the higher spouse benefit. She can only receive additional benefits if her own full retirement benefit (not her reduced benefit) is less than half of your full retirement benefit (excluding any delayed retirement credits you have earned).
If you remain married, even if living apart, she can qualify for benefits as your spouse. If you divorce after she begins benefits as a spouse, those benefits on your record will continue. If you divorce and you haven’t started receiving your retirement benefit yet, she will not qualify for Independently Entitled Divorced Spouse benefits unless she is unmarried and the two of you have been divorced for two years or more. If she remarries, she is not eligible for divorced spouse benefits on your record, unless that later marriage ends.
Social Security payments to family members, including divorced spouses, will not decrease the amount of your retirement benefit. For more details, check out our Benefits for Your Family web page.
Wona C.
I have noticed that I am not receiving a COLA on my survivor benefit. Is that normal?
Vonda
Hi Wona, thanks for using the blog to ask your question. All monthly Social Security and Supplemental Security Income (SSI) benefits for more than 70 million Americans will increase 1.3 percent in 2021. For more details about the new COLA, visit our Cost-of-Living Adjustment information page. We hope this helps!