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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E.Lawhorn
I am a divorced (married 18 years)spouse, caring for a disabled adult child of the NH. I am age 62. I had just bearly enough time thru my working years to draw retirement benefits because I was caring for our daughter. I have been reading that a divorced spouse that is caring for a child or disabled adult child receives benefits with no reduction at age 62. I have read it numerous places on the ss websites, but they are still reducing mine. why?
R.F.
Thank you for your question, E. Lawhorn. Based on the information you provided, you are correct in that “if a spouse is caring for a qualifying child, the spousal benefit is not reduced.” However, there might be missing information from your situation that we need to consider. For your security, we do not have access to personal records in this venue. We encourage you to contact your local Social Security office or call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. for further assistance and an explanation.
Norman
My ex wife was born January 15th 1954. I was born in 1952.We were married more than 10 years and legally divorced. She never remarried. Will she be able to collect benefits based on my record? Whom should she contact?
Thank you
Nia
My husband has been missing now for 5 months and the police believes he is deceased however I don’t have documentation to support this since his body has not been recovered from the ocean. I have two children under the age of 12. We had been married 19 years and he turned 60 last year.
How can I start collecting on his SS benefits
Matthew
Just a question for my friends mom. She got married in Aug 1997 and divorced in May 2007, does she still qualify or no because it hasn’t been 10 years to the month? I say no, but I’m not a divorce lawyer.
R.F.
Hello Matthew, according to our rules, an individual may be eligible for Divorced Spouse Benefits if he or she was legally married to the worker for at least 10 years before the date the divorce became final. We hope this information helps.
Shelia S.
To whom this may concern…my ex and I have been divorced for over 15 years…he just remarried a year ago and I am still single….we were married for 20 years… in our divorce decree, the Honorable Judge Carmondy wrote a clause or stipulated that I his ex to be would entitled to receive half of his carpenters pension upon his retirement…he worked in Illinois and California as a union carpenter…I was called back in Sept by him to tell me that he was going to retire…he asked if I had a copy of the decree….I recently moved closer to my daughters out of state, and I’m at a loss to know what my options are…I’m not financially able to hire a lawyer or attorney to see that these monies come to me…he’s not willing to work with me either…I would think if he’s drawing it, I should be too…I’m 61 and he’s 56…I did get a copy of the decree, and called the court house…they can’t assist me…the local says to file a QDRO…that takes money and I haven’t any…so please the extra $500 a month would definitely come in handy…I know in Aug I can start filing for his ss as well…I need direction with sound advice…please respond… Blessings Shelia
Nate
My wife and I are going through a divorce. Have been married for just over 2 years. She wants me to pay $3750 a month until she gets back on SSI that she lost when we got married so she says since I make over $100,000 a year. She said she won’t sign divorce papers unless I agree to this. She lives in Texas and I live in Mississippi.
My question is, is she really entitled to anything from me since we have only been married for 2 years? She’s 38 years old and has 3 kids, 1 one which is “disabled”. I shouldn’t be liable for anything since we haven’t been married that long. I need help.
RONNY
i am 69 my ex is 32 can she draw off me as we were only married 8.5 years. just want to know if it is legal for her to do that.
Bern
Does an ex spouse override a current spouses ability to collect on his SS when dies ? How does that work.
Nelson A.
I would like to ask if I can collect survivors benefits from my wife when our marriage last long 8 years but after we divorced we live together for more than 5 years after she died?
Kate C.
I’m still confused. My ex is 63 and I am 64 – both our birthdays are in August. If I started taking my own benefits now, I think it might be SLIGHTLY more than half my ex’s. But can I start taking half his when he’s 65 and I’m 66 and then wait to take my own when I’m 70? Do I have to be 66 to do that?