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
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Angela
I am disable and receiving SSI. My ex-husband of 11 years retired in 2005 at the age of 66. His income from 1970 to 1980 was $90,000 and from 1980 to 2005 income of $100,000. I would like an idea of how much I could get if I apply for his social security at the age of 61 years or age 62 years.
R.F.
Thank you for your question Angela. Generally, spouse’s benefits begin at age 62. For security reasons, we do not have access to personal records via this blog and are unable to provide you with any estimate of what you may be entitled to. Also, remember that SSI recipients who –at any time- are potentially eligible for any or other Social Security benefits on their own record and the records of others (e.g., spouse’s benefits), are required to apply at age 62. Failure to apply for additional benefits will result in suspension or termination of their SSI benefits. We hope this information is helpful.
Richard
I have a friend that will be FRA this December. She has been married over 10 yrs and divorced over 15 yrs. Her ex-spouse is 72yrs old and receives his retirement of $2000 each month. When she retires at FRA she would be entitled to 50% of his which is $1000. Her amount on record is $1200. The question is, can she delay hers on record so it can build up to max out at 32% when she turns 70yrs old. And take his $1000 to tide over until she turns 70yrs old ???
R.F.
Thank you for your question, Richard. The benefits as a divorced spouse is equal to one-half of the ex-spouse’s full retirement amount if the applicant or claimant starts receiving benefits at his or her full retirement age. At her full retirement age, your friend can choose to receive only the divorced spouse’s benefit and delay receiving her retirement benefit until a later date. We hope this helps!
Bonnie S.
My ex-husband & I were married 11yrs.We are both 56.He has remarried over 10yrs.He is very ill & now on disability. I am on disabi
lity also.What will be my benefits,if any,when he passes away.Do I notify Soc. Sec. or do they notify me?
R.F.
Hi Bonnie, in the event that your ex-husband dies, you should contact Social Security to see if you qualify for a higher benefit amount as a Surviving Divorced Spouse. Your survivor benefit amount would be based on his earnings. The monthly benefit amount you would get is a percentage of the deceased’s basic Social Security benefit. It also depends on your age, when you start receiving those benefits.
Rosa C.
My mother and my step dad were together, unmarried for rough 15years but move to NC and lived together jointly, in 2004 until they officially got married in March 2006 they finalized their divorced in August of 2015 and he died 2 months later. Many years before they officially got married that had a commitment ceremony — NC doesn’t have common law marriage but they lived in CA prior to relocation and making NC their home. Seems pretty crummy that they were together for 15 years and only officially married for 9years and 6 months and she can’t collect any of his Soc Sec….would her being his beneficiary on his pension make any difference? Are we reading everything correct and she is not able to collect his soc sec?
Lisa
hello. I am a 58 year old disabled woman. I became disabled about 3 years after my divorce to my first husband who I was married to for 26 years. I remarried and my husband is now functionally deaf and has other conditions. He has had hearing problems most of his life and does not have enough work credits to get social security. Is there any instance in which I can get my ex’s benefits when I turn 62. My second husband is not getting disability and we are living on my $769
R.F.
Hello Lisa, you may be able to receive benefits on your ex-spouse’s record at age 62 if:
• You are unmarried;
• You were married to your ex-spouse for at least 10 years;
• 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
Suzy
To clarify this, if I draw on my-spouse’s (and not touch mine) social security at age 62, I will receive half of his benefits, correct? Then, when I reach full retirement age of 67, I can start drawing on my full Social Security benefits?
R.F.
Thank you for your question Suzy. Section 831 of the Bipartisan Budget Act of 2015 (BBA) eliminates aggressive claiming loopholes related to “deemed” filing and voluntary suspension of benefits. See “What do the Recent Social Security Claiming Changes Mean for Me” for more information.
Cindi S.
I am confused after reading the link…..Will Suzy then get only 1/2 of her spouses benefit? AND…if this was an ex-spouse, would it be half, or a combination of both totaling the higher amount?
Echo
I am an ex spouse who has never remarried,was married for 15 years to ex. He passed away 2 years ago and I am just filing now as I just found out. I am 65 years old. Would I get any back pay from the time of his death?
R.F.
Hi Echo and thank you for your question. Individuals must officially file an application to receive Social Security benefits. Generally, we allow retroactivity up to six months for retirement and survivor claimants, only after the applicant has reached his or her full retirement age. No retroactive benefits are payable for any month before individuals reach their full retirement age. If you have additional questions, please continue working with your local office or call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday between 7:00 a.m. and 7:00 p.m.
Echo
Ray, thank you so much for the information. I am going to follow thru with the information you have provided. Echo 🙂
Marie
I filed for ex spousal benefits at 67 and let mine grow until 70. I received the spousal benefit checks based on ex’s birthday but now that I have switched to my own benefits I am still receiving the checks based on his birthday, not mine. Is this correct and do I need to inform Social Security if this is an error.
R.F.
Hello Marie. Generally, the day of the month you receive your benefit payment depends on the birth date of the person for whose earnings record you receive benefits. 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. For example, a person may be entitled as a retired worker on his/her own record and also as a spouse on another record. With that said, a person’s benefit amount can never exceed the highest single benefit amount to which that person is entitled. In some cases, payment date may not change.
For your security, we do not have access to personal information via this blog. We suggest contacting our toll free telephone number at 1-800-772-1213 and speaking to one of our representatives for specific concerns about your situation. Representatives are available Monday through Friday between 7 a.m. and 7 p.m. Thanks!
Sheryl
I will be eligible to receive benefits on my ex-husband’s record in a few years (I am 56, unmarried, and married for 20 years before divorcing). My ex-husband turns 62 this year. If he chooses to retire early and reduce his own benefit, is the benefit I’m eligible for later also reduced? Or is the benefit amount I’m eligible for on his record based independently on his full retirement amount, so long as I don’t take it before MY full retirement age? Thanks!
R.F.
Thank you for your question Sheryl. Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount if you start receiving benefits at your full retirement age. Visit our Retirement Planner: If You Are Divorced for more information.
Grace N.
Hi My mother and father are separated for about 3 yrs now and they have been married(still married) for about 45 yrs. My dad get over $800 more than my mom, can she file to increase her benefits or ale some from his, or do they have to be divorced? Thanks so Much.
R.F.
Hi Grace, if your mother is receiving spouse’s benefits, then she is probably already receiving the highest benefit amount she is entitled to, under your father’s record. She will not get a higher benefit if they are divorced. Please visit our Retirement Planner: Benefits For You As A Spouse for more information. Thanks!