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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TERESA L.
Mom & Dad divorced after 32 yrs of marriage. They both remarried. Her 2nd husband passed away after they were married 36 years. SSA paid Mom $255 death benefit, and they adjusted her monthly SS benefit to include surviving spouse. My Dad’s SS benefit was more than Mom’s 2nd husband. Can her benefit be adjusted to include his higher benefit (instead of her 2nd husband)?
Vonda
Hi Teresa, thanks for using our blog to ask your question. 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 your mom will only be allowed to receive one payment. However, if she’s eligible for more on your father’s record, she can apply for that benefit. Your mother should call her 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.
Deborah A.
I am full retirement age. If I m receiving spousal benefits and my spouse and I get divorced, what happens to my spousal benefits?
Vonda
Hi Deborah, thanks for using our blog. Your benefits can continue after the divorce 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!
gladys g.
When i contacted kubala i was not having an idea of what to expect but after proper explanation and i followed the instruction that He gave me and my marriage was reveal back and restored, i guess whoever that is in need for relationship/marriage help should contact Dr kubala at any time through this detail: (dr.kubala@outlook. com)
Angelica C.
Hi.
My dad recently passed away and my step-mother, who was 30 years younger than him and was living with another man while separated from my dad, but still legally married to my dad. Luckily I found out and my dad finalized the divorce back in 2008. But can she still qualify for survivor benefits if she says her and my dad were “legally” married for more than 10 years? Even though I have proof of her living with another man during that time and proof that her and my dad were separated after 7 years of marriage?
I’m afraid she’ll do anything to get something she doesn’t deserve; meaning fraud. Thanks for your help =)
Donna G.
I qualify to receive my ex-spouse’s SS benefits. He is 5 years older. When may I apply, when he turns 62 or when I turn 62? May I continue to work while receiving his benefits?
Vonda
Thanks for your question, Donna. 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!
Melodie B.
I was married to my first husband for almost 27 years. He remarried but he died 3 years later. I remarried, but he died 10 years later. I lost them both within a 4 month period.
Do I understand correctly that because my second husband is also deceased, that I am eligible for benefits on my first husbands work record? He was eligible for retirement but had not yet done so. I am 58 yrs old.
Thank you.
Vonda
Hi Melodie, thanks for using our blog to ask your question. 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 twice widowed from individuals that have worked long enough under Social Security, you can start receiving reduced survivor’s benefits as early as age 60 (50 if disabled). You could potentially switch over to an unreduced widow’s benefit on the other record at your full survivors retirement age. If you are also eligible for retirement benefits on your own record, you may have an additional option. You can apply for survivors benefits and switch to your retirement benefit at age 70 for all of the delayed retirement credits.
You would need to call and make an appointment to file for widow’s benefits as you cannot apply for that online. You can call your local Social Security office. 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.
Marcia M.
I was married for 23 years. I still have a few years before retirement, so do I have to apply for benefits in order to find out if my ex-spouse’s ss benefit is going to be higher than mine? Is there another way to learn this information other than applying.
Vonda
Hi Marcia, 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.
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.
J S.
I was divorced my first husband after 11 years of marriage.
I was married to my 2nd husband for 22 years. Two years we signed a legal separation instead of a divorce so I could stay on his insurance. Can I apply for my 1st husbands social security if I am legally separated from my 2nd husband?I plan to retire in 3 years.
Vonda
Hi J Sommers, thanks for using our blog. You must be unmarried to be eligible for divorced spouse’s benefits. You can apply for spouse’s benefits on your current spouse’s record if you’re eligible. Check out our Benefits For Your Divorced Spouse web page for more information. We hope this helps!
Beth B.
My husband’s ex is requesting his social security. She is turning 62 and filing for social security benefits. Can she collect on his social security if she has been remarried for about as long as he and I have been married (20 years)?
Debra W.
I am 62 and still working. It isn’t 2 yrs yet since my divorce. When can I apply on my ex’s SS since we were married over 17 yrs., and I am single? Is it true that I have to wait for him to file before I can?
Vonda
Hi Debra, 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.
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.
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. 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.
Ethel B.
I would like to know ssa rules on divorce. I am receiving ssdi. I am divorce was married for over 20 years my xspouse is collecting ssdi. Can I get divorce spouse benefits his ssa payments more then mine.
xspouse started collecting in 2012.
Vonda
Hi Ethel, thanks for using our blog. If you are divorced, you may be able to receive benefits based on your ex-spouse’s record if:
– The 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 their work.
– Your ex 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!
Debra W.
Hi Vonda, is there away I can find out what I could receive to know if filing now is a good idea?
Vonda
Hi Debra, thanks for using our blog. If you have a my Social Security account, you can get an estimate of your personal retirement benefits and see the effects of different retirement age scenarios. You can also view the benefits you could receive based on your spouse’s earnings history, or the benefits your spouse could receive based on your earnings history.
If you are unable to create an account, you can use our online Retirement Estimator.
If you need an estimate for divorced spouse’s benefits, 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.