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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Rebecca J.
I am a Louisiana state public employee and have not paid into Social Security for the past 29 years. Prior to becoming a state employee, I worked in the private sector and did pay into SS. However, because of the Windfall Elimination Provision, whatever SS I’m entitled to will be cut. I was married for 13 years and my ex has always worked in the private sector. My understanding is because I was married for more than 10 years and I have never remarried, I can claim on my ex-husband’s SS. Will the Windfall Elimination Provision also apply to my claim under my ex-husband’s SS?
Vonda
Hi Rebecca, 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, divorced spouse’s, widow’s, or surviving divorced widow’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.
Tanya
I am 48 years old
I was married for 11 years to a military active-duty ..Got divorced three years ago..
I am sick physically …I can work
.
can I apply for divorce Ex spouse benefit …Usually I have to wait till 62 but not sure if I have to be on disability first??
Linda M.
I lived with my ex a have two grown-up children can I collect social security FROM my ex I don’t know he’s social security number .we never married
Linda M.
I lived with my ex a have two grown-up children can I collect social security FROM my ex I don’t know he’s social security number
Vonda
Thanks for your question, Linda. If you are divorced, you can receive benefits based on your ex-spouse’s record (even if they have remarried) if:
– Your marriage lasted 10 years or longer.
– You’re unmarried.
– You’re age 62 or older.
– The benefit that you’re entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
– Your ex-spouse is entitled to Social Security retirement or disability benefits.
Check out our Benefits For Your Divorced Spouse web page for more information. We hope this helps!
Susan N.
I was married for 46 years. I have been divorced for 8 years. I have been receiving part of my ex’s SS. If he dies, how will this affect my payment. How my will I get? I did not work long enough to collect SS of my own. Neither of us have remarried.
Vonda
Thanks for your question, Susan. If you already receive benefits as a divorced spouse, your benefit will automatically convert to surviving divorced widow’s benefits after we receive the report of death. Typically, the funeral director notifies us of an individual’s passing by contacting the local Social Security office.
The amount that you will receive depends on your age. You may be able to receive full benefits at your full retirement age for survivors or reduced benefits if you are not yet full retirement age.
Check out our If You Are The Survivor web page for additional details.
Genevieve P.
I am 65 and still working I am not eligable till I am 66 and 2 months.
I was told I can at this time collect half of my ex husbands social security
Vonda
Hi Genevieve, thank you for your question. Your may be able to get divorced spouse’s benefits but, under existing law, if you’re eligible for benefits both as a retired worker and as a divorced spouse, you must apply for both benefits and you’ll receive the higher of the two benefits. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have also applied for the other.
There is an exception to deemed filing for those who turn 62 before January 2, 2016. Check out our Deemed Filing For Retirement And Spouse’s Benefits web page for details.
You can get Social Security retirement benefits and work at the same time. However, there is a limit to how much you can earn and still receive full benefits. The amount you’re allowed to earn while receiving benefits depends on your age. If you attain full retirement age in 2021, the earnings limit is $50,520 but we only count earnings before the month you reach full retirement age. Beginning with the month you reach full retirement age, earnings no longer reduce your benefits, no matter how much you earn. If you’re under full retirement age for the entire year, then we deduct $1 from benefit payments for every $2 earned above the annual limit. For 2021, that limit is $18,960.
Sharon H.
My husband of 25 years is collecting his social security. His ex-wife, they were married 10 years, wants to collect his social security after he is deceased. How does this work?
Vonda
Hi Sharon, thanks for the question. A divorced spouse of a worker who dies can get benefits the same as a widow or widower, provided that their marriage lasted 10 years or more. Benefits paid to her as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record.
For more information, please visit our Surviving Divorced Spouse webpage.
Deborah P.
I applied for Social Security back in October I got my first payment in December however you did not apply my ex-husband’s Social Security you used my Social Security amounts I qualify for his what do I need to do
Vonda
Hi Deborah, thank you for your questions. You may be able to get divorced spouse’s benefits but, under existing law, if you’re eligible for benefits both as a retired worker and as a divorced spouse, you must apply for both benefits and you’ll receive the higher of the two benefits. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have also applied for the other.
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.
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.
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.
ALICE s.
I’m not divorced,but legally separated I went on as at 65,I was told I get $200from sperated spouse and my checks are under 800 a month,I have 20years of non-work raising kids,my income was always low if husband passed I read I can get just 1/2 of his 1/2 of ss wondering how that works
R R.
I have been married twice, divorced twice.
My first ex died after the divorce. My second ex is still living, and qualifies for SS Retirement. My question is, is it possible to receive survivor benefits AND ex-spouse benefits?
Vonda
Hello R Rust, thanks for using our blog. It is possible for a person to be eligible for benefits from different records at the same time. However, we are only going to pay the highest benefit amount from either record – meaning that you will only be allowed to receive one payment.
If you are the (unmarried/single) divorced widow of a person who worked long enough under Social Security, you can start receiving reduced surviving divorced widow’s benefits as early as age 60 (50 if disabled). If you are also eligible for retirement/ divorced spouse’s benefits, you may have an additional option. You can apply for retirement/ divorced spouse’s benefits or survivors benefits now and switch to the other (higher) benefit at a later date.
The earliest age you can apply for retirement and divorced spouse’s benefits is 62.
To inquire on potential benefits, 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.