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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JEANETTE T.
Is the qualification date for benefits of a divorced spouse calculated from the legal separation date or divorce date
JEANETTE T.
Is the qualification date for benefits of a divorced spouse calculated from the legal separation date or divorce date
V.V.
Hi Jeanette, thanks for using our blog. A divorced spouse must have been married for a period of at least 10 years immediately before the date the divorce became final. Check out our Benefits For Your Divorced Spouse web page for more information. We hope this helps!
Robert C.
I am a retired Civil Service Retirement System Annuitant (5/31/2003). My spouse and I divorced in 2012 after 33 years of marriage. I have read articles which seem to indicate that I meet the eligibility requirements for social security from my ex spouse.
V.V.
Hi Robert, 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, widower’s, or surviving divorced widower’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.
adela b.
I am receiving SS and SSI , my ex husband recently passed away my question is if I start receiving my share of his SS will I loose SSI? Thanks
V.V.
We are very sorry for your loss, Adela. If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. Benefits paid to you as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record. If you remarry after you reach age 60 (age 50 if disabled), the remarriage will not affect your eligibility for survivors benefits.
You may be able to receive full benefits at your full retirement age for survivors or reduced benefits as early as age 60. Check out our Survivors web page for details.
If you’re receiving benefits under the Supplemental Security Income (SSI) program, and become eligible for any other Social Security benefits on your own record or the records of others (e.g., divorced spouse’s, surviving divorced widow’s, or childhood disability benefits) you are required to apply for those benefits as soon as you’re eligible. To file for the benefits, 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.
James B.
My ex and I were married for 25 years and have been divorced for 12 years. I understand that she is entitled to 50% of my benefit amount and can start collecting as early as age 60 at a reduced payout. My ex also cares for our disabled 22 year-old daughter (disabled at birth). Can my ex claim benefits prior to age 62 because she is caring for our disabled daughter and would that amount be reduced from the maximum of 50% of my benefit?
S.D.
Hi, James. Thanks for using our blog and for your questions. If your former wife qualifies for her own retirement benefit, we will always pay that benefit first. If she is unmarried and her benefit as a divorced spouse is higher than her own retirement benefit, she will get a combination of benefits equaling the higher divorced spouse benefit (50% of your benefit).
If you qualify for retirement benefits but haven’t applied, she still may be able to receive benefits on your record if she is at least 62 and you have been divorced for at least two years. Check out our Benefits for a Divorced Spouse webpage for more details. When you apply for Social Security retirement benefits, your daughter may be due Disabled Adult Child benefits on your record.
If you predecease your former wife, she may be eligible for an unreduced surviving divorced mother’s benefit, regardless of her age, if she has a child in her care who is receiving benefits on your record. If your daughter is not receiving disabled adult child benefits, your ex-wife may collect surviving divorced spouse benefits as early as age 60 (or 50, if she’s disabled).
To schedule an appointment to file for benefits for herself and your daughter, if necessary, your former wife should call her local Social Security office. She’ll find the phone number with the Social Security Office Locator. Please be aware that our call volume and wait times are greater than normal. We hope this information helps.
Lana F.
Hi, I am on ssdi and my ex-husband recently retired. we were married more than 10 years. Am I eligible to receive some of his social security?
V.V.
Thanks for your question, Lana. 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!
Steve
My sister in law (age 83) was married for approximately 20 years from her 2nd husband and then divorced about 25 years ago..her ex husband has been remarried and his recently retired.
Can she still receive his partial benefit after being divorced so many years ago ?
Thank you
V.V.
Thanks for your question, Steve. If your sister-in-law is divorced, she can receive benefits based on her ex-spouse’s record (even if they have remarried) if:
– Her marriage lasted 10 years or longer.
– She’s unmarried.
– She’s age 62 or older.
– The benefit that she’s entitled to receive based on her own work is less than the benefit she would receive based on her ex-spouse’s work.
– Her 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!
Rebecca M.
I have been married to first husband almost 18 years which ended in divorce .I am re married to present husband 22 years . I collect a disability sense 2007. What are the rules in my situation? Can I collect off of both ex and present husband? At what percentage will I be collecting since my age is now 64? thank you
V.V.
Hi Rebecca, thanks for using our blog. You may be eligible for spouse’s benefits on your current spouse’s record if you are at least 62 years of age and your spouse is receiving retirement or disability benefits. You must be unmarried to be eligible for divorced spouse’s benefits. Check out our Benefits For Your Spouse web page for additional details.
Rick
Hello. I am divorced and my ex spouse is one year older than I am. She will be eligible for half of my benefits in January of 2022. If she applies for benefits at that time, am I allowed to wait one year longer until I reach full retirement age before I apply?
V.V.
Hi Rick, thank you for the question. If you have been divorced for at least two years, your ex may be able to receive benefits on your record even if you haven’t applied, but you’re eligible.
If she qualifies for her own retirement benefits and for benefits as a divorced spouse, we always pay her own retirement benefits first. 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 a reduced benefit amount). So, she can only receive additional divorced spouse’s benefits if her own full retirement benefit (not a reduced 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.
Li J.
Hello,
I am 65 y.o. Can I collect 1/2 of my ex-spouse’s Social Security at my 67 and then switch to my ex-husband’s full retirement when my ex- husband dies in the future? He is 83.
Thank you for your help.
V.V.
Hi Li, thank you for your question. 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.
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.