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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earline m.
I am married to my husband he will start getting his ss check in april he will be 62 I am 59 can I draw half at 62 not divorced married43 years just wanted to know if I can draw at 62
R.F.
Yes Earline, the earliest you can start receiving reduced Retirement or Spouse’s benefits is age 62. Please see Retirement Planner: Benefits For You As A Spouse. Thanks!
Lisa
I have a question. My mom was married to my father for more than 30 years. They lived apart for most of that time. He lived with another women as well. My mother finally filed for a divorce four months ago and appeared in court last week to finalize it. A day later, I discover my father passed away two weeks prior to the hearing. I informed my mother who informed the lawyer and the judge. We were in awe his family didn’t not mention this at the hearing. Anyway, my questions is…is my mother entitled to any benefits since she was still legally married up until his death? Or is the other women entitled to it??? Any information will be appreciated.
R.F.
Hi Lisa, we are sorry to hear about your father’s passing. A widow or a surviving divorced spouse of a person who worked long enough under Social Security, could receive reduced benefits as early as age 60. (age 50 or over if disabled). If she is eligible, your mother can apply for benefits by calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting her local Social Security office. An appointment is not required, but if she calls ahead and schedules one, it can significantly reduce her waiting time at the office. Please visit our Survivors Benefit Planner to see what information and documents she may need to apply.
Carmen
I was married to a ex military (not active at the time) for less than 10 years. We had a daughter that was born with a lack of oxygen which is now 36 an unable to get into a school or a job. SS benefits have been applied for and now on appeal. My ex husband re-married and never had children, additionally, we have not heard from him in more than 15 years and saw my daughter a few times before. Is she entitled to benefits from him? He might be retired at this point but do not know where he is. Thanks.
R.F.
Hi Carmen. An adult disabled before age 22 may be eligible for child’s benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record. For a child with a disability to receive benefits on a parent’s record, the disability must have started before age 22 and he or she must meet the definition of disability for adults.
eveylyn
My mother (71) was married to my father (71) from 1970 – 1982. He is remarried to another woman for 30 years. She remarried for about 9 years but just got divorced. I had her call ss to find out if her social security can be based off the first husbands $ instead of hers because I thought his would be larger. The person at social security told me she needed his ss number. I called him and he refused. I think he is being spiteful or just really thinks that it will affect his payment (he gets a pension from the new york police dept). I thought that they would be able to find his information without her needing his ss number and if she does go forward isn’t it anonymous? If he finds out he will be really pissed off and she doesn’t really want to screw him or his current wife. He is a retired NYPD officer but has been in the private sector for awhile now. I’m sure there are other ways for me to find his SS number but would it be worth it? Thanks.
R.F.
Hi Evelyn, we are sorry for the inconveniences. Your mother should be able to provide our representatives with other identifying information about your father. Also, she will be required to provide more detailed information about herself and her previous marriages. If your mother is eligible for Divorced Spouse Benefits, the amount of benefits she receives has no effect on the amount of benefits your father or his current spouse may receive. Your mother should call us back at 1-800-772-1213 and ask a representative to assist her.
Gloria M.
A friend of mine received SS benefits as a divorced widow. She married again, informed the Administration about her marriage and benefits were terminated. However, this second marriage lasted for a very short time. The question is: is she entitled to continue receiving benefits in her first husband’s (deceased) account? Thank you for clarifying this issue.
Gloria M.
I have noticed that everybody’s question has been answered except mine, which was formulated on January 21, 2016. I would appreciate your comments. Thank you, Gloria M. Esteva.
R.F.
Hi Gloria, our apologies if we missed your question before. As a divorced spouse of a worker who died, your friend may be eligible to receive benefits just the same as a widow. Current law provides that if she remarried, she cannot collect benefits on her former spouse’s record unless her later marriage ends (whether by death, divorce or annulment). See our Retirement Planner: If You Are Divorced. For specific questions and to see if she is eligible for benefits now, your friend should call us at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. or contact her local office directly. Thanks!
Gloria M.
Thank you so much!
Diane M.
My first husband of 28 years died 3 years ago at the age of 56. I have since remarried and plan to divorce my second husband. I know I would not qualify for his SS benefits since we have been married well under 10 years, and do not care to. My question is, may I collect social security benefits from my deceased husband when eligible, even though I have remarried? What age would I be eligible? Thank you.
Diane M.
No one ever answered my question from back in January. Will someone please answer this for me?
My first husband of 28 years died 3 years ago at the age of 56. I have since remarried and plan to divorce my second husband. I know I would not qualify for my second husbands SS benefits since we have been married well under 10 years. My question is, may I collect social security benefits from my deceased husband when eligible, even though I have remarried & divorced? What age would I be eligible? Thank you.
janet
Can an ex wife claim disability benefits based on ex husbands social security records?
R.F.
Hi Janet. No, an ex-wife cannot receive disability benefits on the ex-husband’s record. Social Security Disability Insurance (SSDI) benefits are paid based on an individual’s own earnings or work history. SSDI pays benefits to those who cannot work due to a disability that is expected to last at least one year or result in death, providing that person has paid enough into the Social Security program.
An ex-wife may be eligible to divorced spouse’s benefits based on the ex-husband’s work record if he is entitled to retirement or disability benefits. See our Retirement Planner: If You Are Divorced for more information on this topic.
Eugene M.
I am 66 and plan to work until age 70. My benefit will increase every month. Question, does the survivor benefit increase as well?
R.F.
Good question Eugene. As a general rule, survivors benefits based on age will be about the same total Social Security benefits over a lifetime, whether they start early or at full survivors retirement age. If monthly benefits start before full retirement age, the amount is smaller to take into account the longer period a person receives them. This chart lists full retirement ages for survivors based on year of birth. Click on the year of birth to find out how much the benefit will be reduced if someone begins receiving survivors benefits between age 60 and full retirement age. In the other hand, a widow(er) of a worker who had received or was eligible for delayed retirement credits, then the widow(er) is also entitled to the same increase that had been applied to the benefit of the deceased spouse or for which the deceased was eligible as of the time of death. A surviving (including divorced) spouse receiving widow(er)’s benefits is also entitled to this increase. Take care
Jessica
I have legally been married for 16 years, and have 2 children with my husband, however we have not lived together for the past 14 years. He currently receives social security because he is very ill and unable to work, thus my 2 children receiving social security benefits as well. If he were to pass away, will my children continue to receive benefits, and would I receive benefits for being his legal wife?
R.F.
Thank you for your questions Jessica. Normally, Benefits For Children stop when children reach age 18, unless they are disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, Social Security benefits will continue until the child graduates or until two months after the child becomes age 19, whichever is first. You may be eligible for Widow’s Benefits. Hope this information helps.
Karen
Did the change in SSA law in late 2015 affect the divorced spouse benefit in my case? In 2012-13, I talked with SSA and confirmed that I: qualified for the divorced spouse benefit (married over 10 years, didn’t remarry, he is older than his FRA), could wait until I reached my FRA (age 66 this year), then restrict my application to the divorced spouse benefit, let my own benefit grow to age 70, then switch at age 70 to my deferred benefit. Is this still true? Thank you.
R.F.
Thank you for your question, Karen. Section 831 of the Bipartisan Budget Act (BBA) of 2015 eliminates aggressive claiming loopholes related to “deemed” filing and voluntary suspension of benefits. The new law will be implemented on a prospective basis only. Our legislative and policy staffs are diligently working with Congress to analyze the intent of the legislation and update our instructions. Please check back for updates.