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”!
Did you find this Information helpful?
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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Terry K.
Hi What happens if you ex is remarried for more than ten years..do you have to split with wife #2?
R.F.
Hi Terry. 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. See our Retirement Planner: If You’re Divorced for more information.
Gail L.
Here is the scenario: I already collect my Social Security at age 62. IF and when my ex-husband passes away while I am still on SS, can I then collect his higher SS amount? I know SS pays half of his (which is lower than my current amount) while he is alive. But what happens when he dies because he is 10 years older than me? Can I then collect his full amount?
R.F.
Hi Gail, if the benefit you receive now based on your own work is less than the benefit you would receive on your husband’s record as a widow, you may be eligible for an increase of your monthly benefit amount. Your survivor benefit amount would be based on the earnings of the person who died. The more he paid into Social Security, the higher your benefits would be. The monthly amount you would get is a percentage of the deceased’s basic Social Security benefit. For more information visit our Survivors Planner: How Much Would Your Benefit Be?
Joslyn
I have been on Social Security disability since I was 55 for an illness.I am now 60. I was married before for over 15 years, and since have remarried going on 16 years to new husband who is same age as me. Will I be able at 62 to receive additional benefits from my current husband’s Social Security even though he is not going to retire until he is 66? If so , do they figure if half of his is higher than what I receive now on my own disability? Thank you
R.F.
Hi Joslyn. To qualify for spouse’s benefits, you must be at least 62 years of age and your spouse must be receiving retirement or disability benefits. When you qualify for Social Security benefits on your own record, we will pay that amount first. But if you also qualify for a higher amount as a spouse later on, you’ll get a combination of benefits that equals that higher amount. Visit our Retirement Planner: Benefits For You As A Spouse for more information. Thanks!
Sherry S.
I am 61 and will turn 62 in Nov of this year, i am on disability for MS and am divorced, we were married for 30 yrs, he is retired. Im told i can file for benefits on his Social Security. How soon can i do this and how? How will i know what i will receive?
R.F.
Good question Sherry. If the benefit you receive now based on your own work is less than the benefit you would receive on your ex-husband’s record, you may be eligible for an increase of your monthly benefit amount. Sometimes, a person may be entitled to more than one benefit at the same time and may receive a combination of benefits equaling a higher amount. You will have to contact us 3 months before your 62 birthday to see if you qualify for a higher benefit amount. See our Retirement Planner: If You’re Divorced for more information.
Elizabeth C.
Hello…I’m a divorced stay home mother of three children. 55 years of age. My husband left the household and divorced me after 17 years of marriage. While I supported the family at home, he will be receiving Social Security and I only had part time jobs here and there. Am I due Social Security in relation to working/supporting a family while ex-spouse worked. Thank you.
Jean E.
“When my ex spouse and I divorced we were married 16 years. He has retired from the military and I receive my part of his retirement. If I remarry, can I still draw my part of his retirement?
R.F.
Hi Jean, we suggest you contact the legal assistance office at your nearest military installation, for information regarding your situation. Thanks!
Michele
I am 70 years old and have been receiving my ex husband’s social security benefits as we were married for 20 years. He remarried, and recently died. His wife is now 63 years of age. I was just notified that the benefits I normally receive will go up almost double of what I was receiving. Is this correct? I don’t want to take anything away from his new wife.
R.F.
We appreciate your concern, Michelle. Benefits paid to you as a surviving divorced spouse won’t affect the benefit rates for other survivors getting benefits on the worker’s record. Also, your increase is due to the fact that survivor’s benefits are paid at a higher percentage than regular spouse or divorced spouse benefits. Thanks!
Jordan
Hi. My father passed away in 1997. My mother never remarried and recently turned 60. How can I find out what my father’s benefit would have been in order to determine if I mother should try to collect it?
R.F.
As a widow of a person who worked long enough under Social Security, your mother can receive reduced benefits as early as age 60 (age 50 if disabled). The benefit amount would be based on the earnings of the person who died. The more he or she paid into Social Security, the higher the benefit amount would be. At this time, we do not offer an online application for survivors benefits. Your mother should contact her local Social Security office. An appointment is not required, but if she calls ahead and schedule one, it may reduce the time she spends waiting to speak to someone. Also, she can call our toll free number at 1-800-772-1213 and speak with one of our representatives. Representatives are available between 7 AM and 7 PM Monday through Friday. Thanks.
J H.
Can I get benefits on my ex spouse’s record BEFORE my full retirement age and put off claiming on my record until later?
J H.
To clarify, the marriage was longer than 10 years. I am 64. I know this would be an option, at the moment, if I had reached full retirement age but can’t find info as to whether it is available prior to that. I would like to wait to collect my own retirement benefits.
R.F.
Under existing law, if you are eligible for benefits both as a retired worker and as a spouse (or divorced spouse) in the first month you want your benefits to begin and are not yet full retirement age, you must apply for both benefits. You will 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. See “How the law is changing” or call our toll free number at 1-800-772-1213 and speak to one of our representatives for more information.
Khan
My name is Khan will be 65 in March 15, was married with Karen for more than 13 years, Finally we divorced but she was still living with me at my house. she was getting social security disability about $1300.00 a month and than she passed away in December 2003 and the same year she turned age 66 in December 2003.
After her death i married again at age 54 with Tina age 34 …but now after 11 years of marriage she is going to divorce me. I applied for my social security benefits at age 64 and getting $800 a month ….My question from you i she divorce me can i get Ex deceased spousal benefit and how much it gone a be please help me with this. i have no job due to health issue i had 2 strokes and if she will be gone how i can survive in $800 a month. Please let me know what i should do.. thanks
Khan
Please reply my question, i am waiting thanks
R.F.
Hi Khan. If you remarry before you reach age 60 (age 50 if disabled), you cannot receive benefits as a surviving spouse while you are married. Please call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. if you need further assistance. Thanks.
Khan
thanks for your reply, if she divorce me after this divorce i still will not be able to get any benefits from ex deceased spouse benefits
please reply
thanks
R.F.
Hi Khan. Again, if you remarry before you reach age 60 (age 50 if disabled), you cannot receive benefits as a surviving spouse while you are married. As a divorced spouse of a worker who died, you may be eligible to receive benefits just the same as a widower. Please call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. if you need further assistance. Thanks.