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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Luann
im in a really ruff spot here. i was married for 9 yrs 11 months. i applied to collect social security from my ex husbands social security. even with living together for 6 months before we got married. social security does not recognize common law marriages. and they have told me that i cannot collect from him. which would give me alot more every month from social security. shamefully i will 288 dollars a month. but if i collect from my ex husbands social security the lady told me it would be immeasurable amount then what i would be getting from mine. i stayed home house kept , we had 4 daughters together. my final divorce decree was for extreme mental cruelty, in my favor. to me this has been another slap in the face from my ex husband. is there anything i can do that would reverse this decision from social security. that would permit me to collect from my ex husband?
Johnny L.
I read “Full retirement benefits are payable beginning with the month FRA (Full Retirement Age) is attained regardless of the day of the month,”. If one turns age 66 on April 28, 2016 then FRA would be reached April 1 ? Is this correct ?
Meaning benefits would be paid for the month of April ?
And a check would be issued on what date ?
One of the questions on the Social Security application asks whether I wish to receive my first check in April, 2016 OR May, 2016 ? This question confuses me.
Can you assist ?
Thanks, John L
Johnny L.
What month does one begin receiving social security benefits (based on their birthday). Assuming one waits until full retirement. Born 1950. Birthday is April 28.
Do full benefits begin in the month of April, 2016 ? or May, 2016 ? The first check would be deposited (via Direct deposit) when ? Is one paid in May for April’s benefit,
then June for May’s benefit or how does the payment schedule work ? Thanks, John
Cindy h.
I was married for 10 yrs. During that time I became disabled in 1998. Divorced in2002. I was told that I could get a check from his ss. I am 59. Can I and if so at what age?
Thank you for your help
Cindy
R.F.
Hi Cindy, if your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
Diane M.
About a year ago I was advised that when I turn 66, to consider collecting a portion of my exhusband’s ( of 11 years) SS delaying collect my full amount when I turn 70 yrs old. Then she felt collecting his for those few years would not reduce my full amount later. What is the SS rule now? Thank you.
Julie
Hi,
I will be 62 this year. When my husband passed away we were married for 9 years and 4 months. Does that mean I am ineligible for spouse benefits since the marriage was less than 10 years? Thank you.
R.F.
If you are the widow of a person who worked long enough under Social Security, you can receive reduced benefits as early as age 60 (age 50 if disabled). The 10-year marriage rule applies to a surviving divorced spouse. At this time, we do not offer an online application for survivors benefits. Please contact your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to speak to someone. Call our toll free number at 1-800-772-1213 and ask one of our representatives to assist you. Representatives are available between 7 AM and 7 PM Monday through Friday. Thanks.
Julie
Thank you.
jason
okay so my mom was married for 15 years with 4 kids and they got divorced and he married 5 years later and then died. so my mother is 56 can she file for benefits now or when she is 62? She does work her butt off and she has not been married since then. So should she apply or wait for 8 more years? Please help me Thanks
R.F.
Hi Jason, 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). Please visit our Survivors Benefit Planner for more information.
liberty
SSA communications are always terrible. They never reveal that whatever the thing is they are touting, it really won’t benefit you. It does however, keep that office of the federal government employed, so the more applications they get for things that don’t benefit taxpayers, oh well, because it keeps them in jobs. Their communications are always awful!
chipadoo
my ex just died and I get 70% we where married for 12 years, I am disabled,51, collect ss already. My kid’s get half of what I get, so will they still get money from their mom’s retirement and can they collect both? She was paying me child support and spousal support and with out the child support I don’t know what’s going to happen. I can not get any other benefit’s and kid’s only get health insurance. That helps out so much but food and housing will be really tight
R.F.
We are sorry to hear about your ex-wife’s passing. If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more. 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. Hope this information helps.
Kmaymaj
My ex and I lived together and bought a house in Aug 2004, the year before we actually got married. We were married April 2005, and divorced in Sept 2014. If I can show proof of living together and proof of house purchase, can I be eligible for his SS benefits, when I turn 62?
Thanks.
R.F.
Hello Kmaymaj, according to our rules, at age 62, 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.