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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M. F.
It is strange that it is very hard to find a clear statement from SSA about what happens to the WORKER’s money upon divorce. If my husband claims “on my record” does that mean I get only half of what I would have been entitled to get? The following sounds like the good news that it has no effect of what I will receive but is that true, or am I splitting it with him? “The amount of benefits you get has no effect on the amount of benefits your ex-spouse or his or her current spouse may receive.”
R.F.
The amount of your Social Security benefit will depend on the amount of your average lifetime earnings. We establish and pay your monthly benefit amount first, then we pay benefits to other family members who may qualify on your record. If you have a divorced spouse who qualifies for benefits, it will not affect the amount of benefits you may receive. In other words, his payments will not decrease your retirement benefit. You can use our Online Retirement Estimator to get estimates on your future retirement benefits. You can also create a my Social Security account to review estimates of your retirement, disability, and survivors benefits; your earnings record; and the estimated Social Security and Medicare taxes you’ve paid.
Tammy M.
My mother currently collects her benefits, supplemental benefits, and ss divorced benefits from my dad. My dad told me that he wants an annulment from my mom so that his second marriage will be recognized by the Catholic church. Will my mom still receive his social security if their marriage is annulled?
Or will the annulment disqualify my mom’s claims to his social security?
Thank you for your input.
R.F.
Thank you for your question, Tammy. Our “Termination of Benefits” policy indicates that an annulment would affect a legal current spouse but not a divorced spouse. An annulment would not normally apply to a divorced spouse because the fact that getting a divorce implies that the marriage itself was valid. In addition, Social Security follows the state law. We hope this information helps.
dee
I just filed for a divorce and it will be final after our 10 year anniversary date. Would the Benefits apply since its final after the 10 years mark ..or do they go by the documents which state” marriage began 4/9/06 ended 2/17/16?
Thank you!
R.F.
Hi Dee, 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.
lee
my friend divorced her husband who was a vet many yrs ago, and he has passed away. she is getting SS in his name, although now she is full retirement age (69). I don’t know if he ever remarried but she did not..Is she eligible for any VA benefits?…..she is facing a lot of financial difficulty because of medical problems, and even saving on prescriptions would be helpful.
R.F.
Thank you for trying to help, Lee. Please contact the Veterans Administration for information on this matter.
Alfredo
Hello. I am in the process of commencing my SS retirement application for early retirement. I married around 1983 but have been separated for about 24 years and never divorced. My ex refuses to give me her SS # that I need to complete the application. What are my options.
R.F.
Hi Alfredo. Our representatives will be able to assist you further in completing your application for retirement benefits. Please contact your local office or you can also call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday between 7:00 a.m. and 7:00 p.m. Generally, you’ll have a shorter wait time if you call later in the week. Thanks!
Jena
I am a disabled 57 year old female. I draw SSI. I was married to my ex husband for 35 years. He has became disabled and drawing Soc. Security at the age of 58. Am I entitled to draw off of him now, or must i wait untill I am 60?
R.F.
Hello Jena, you may be able to receive benefits on your ex-spouse’s record at age 62 if:
• You were married to your ex-spouse for at least 10 years;
• You are unmarried;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and,
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!
E.Lawhorn
I filed for a request for reconsideration for a retirement/spousal appeal. It has been 90 days..can you tell me how long does this take before I hear anything? Thank You!
R.F.
Thank you for your question. The length of time it takes to receive a decision on your request for an appeal could vary from case-to-case. Typically, we reevaluate all evidence, plus any additional evidence submitted and make a new decision. If you have questions about your reconsideration, please contact your local office or call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778) and ask to speak with one of our representatives. Representatives are available Monday through Friday between 7:00 a.m. and 7:00 p.m. Generally, you’ll have a shorter wait time if you call later in the week.
Elaine
I am an ex-wife, whose ex-husband passed away at age 52, today he would be 65. I meet the criteria to receive his benefits, we were married 20 years and I am not remarried. I am 62, still working and make over 50,000. I know that when i reach retirement age of 66 my benefits will be greater than his since I ultimately made more money than he did.
I would like to apply for his benefits now to receive the maximum allowable benefit against his account. Then I would switch to my benefits when I turn FRA at 66. My question; if I do this, when I apply for my FRA benefits, will I receive 100% of my benefits based on my earnings or will my benefits be somehow limited because I took his benefits now before I reach full retirement age. I really need to understand how this works. Since my ss will be my major retirement income, I don’t want to make a mistake now that will reduce my ss in the future. Any clarity would be helpful.
R.F.
Thank you for your question, Elaine. In many cases, a widow can begin receiving one benefit at a reduced rate and then, at full retirement age, switch to the other benefit at an unreduced rate. If you are working and younger than full retirement age and make more than the yearly earnings limit, your earnings may reduce your benefit amount. For more information you can also call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), representatives are available between 7AM and 7PM, Monday through Friday. You will generally have a shorter wait time if you call later in the week. We hope this information helps!
alicia b.
hi,
my parents married in 1981, my mother is Filipina and my father is American,he’s an ex Navy.They are separated and no communication since 1987 but still not remarried untill to this date, my mom is 61this year (2016) and she is scheduled to have her catarat remove next year (2017).Is she able to claim any sss benefits through my father’s record?( my father listed my mother as dependant on her record when they get married in Subic Bay, Philippines). Can she apply for any SSS pension through my father’s ?
Laura
I am writing this for my friend. She recently (Oct 2015)started the process of filing for ex spouse benefits. She meets all the criteria (married 25 yrs and never remarried). She supplied her marriage and divorce certificates and her personal identification. Her contact person requested her ex’s address and phone number. She supplied that information as well. Social Security called the ex husband and he was uncooperative and stated he was getting a lawyer. (For what, I don’t know.) The Social Security contact then asked her to provide his birth certificate. He is uncooperative, they are estranged. Why are they requesting she jump through all these hoops? She cannot make him cooperate nor does it state on the SSA.gov website that she is responsible to provide all these “extras”. What should she do? Thank you in advance for any guidance you can provide.
R.F.
We are sorry to hear of all the inconveniences your friend is going through. Thank you for helping out Laura. Proof of age is required when age (62) is a factor in determining retirement or dependent’s benefits. The primary proof of age when applying for retirement benefits is the original copy of his birth certificate. Your friend should continue working with our agents, as they may be able to assist her further in preparation to file for her benefits. See our Divorced Spouse web page for information.