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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Carol
I lived with my ex-spouse for 2 years before we got legally married. We lived together a total of 10 years, 2 not married and 8 legally married. Does that make me eligible to receive benefits based on his benefits?
R.F.
Hello Carol, 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. In cases where a common-law marriage may be involved, Social Security follows the state laws. So, check the laws in your state. We hope this information helps.
Lisa P.
If I wasn’t married to my ex spouse at time of his death and I’m still listed as beneficiary for his pension plan, can I still receive that money even though I have remarried. His pension plan rep says no but I am hearing otherwise.
Lisa P.
And not married for 10 years, but he never remarried.
Jan
Married 32 years, divorced 13, have not remarried. Work and have contributed toward my own SS. Will reach full retirement age this year on 7/7/16. Can I draw off of my X’s SS and delay my own SS, so it will continue to build. Want to continue to work to 68-70.
Jan
I have not receive a reply. Can you please answer my question. Thank you
R.F.
Thanks for your question Jan. A beneficiary who has reached full retirement age may voluntarily ask that we suspend his or her benefits to earn delayed retirement credits. Please keep in mind that the new law –effective April 30, 2016- makes changes that could affect your situation. Section 831 of the Bipartisan Budget Act of 2015 (BBA) eliminates aggressive claiming loopholes related to “deemed” filing and voluntary suspension of benefits. Click here or call our toll free number at 1-800-772-1213 and speak to one of our representatives for more information.
Vicki T.
My ex husband was 63 when he passes away. Neither of us remarried. I am almost 61. How does it work with his social security benefit. Am I able to collect on his social security. I am still working thought. I would like some information .
Thank you
Vicki Thelen
R.F.
Hi Vicki. A divorced spouse of a deceased worker, could get benefits just the same as a widow or widower, provided that the marriage lasted 10 years or more. You can start receiving reduced benefits as early as age 60. Also, you can get Social Security retirement benefits and work at the same time. However, since you are younger than the full retirement age (currently age 66), working and earning over the yearly earnings limit could reduce your monthly benefit amount (2016 limit is $15,720). See our Frequently Asked Questions page for complete information. We hope this information helps.
JAMES M.
I have a question I hope someone can help answer. I am 56 years old and I’m collecting social security disability. I was married for 26 years to a woman who was seven years older than me, presently she is 63 years old. Am I able to collect any of her social security on top of my disability Social Security payments. I don’t know who to ask because Social Security giving me a run around all the time. I would appreciate any help or answers I could get thank you very much
R.F.
Hello James, 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!
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james P.
My wife and I are divorcing late in life. She is 68 and I am 72. She began collecting SS at age 63 and I began at full retirement age.
As as a stay at home mom, her life time earnings were low resulting in a SS monthly payment is $1,020.90 and mine is $2247.65 per month. Strangely it is not clear if after the divorce would she be able to apply to collect on my earnings record and therefor increase her monthly SS income by 1/2 of mine or roughly, $1,123.00 for a total of
$2,143.90 per month. It is important for us to understand for the calculating her income following the divorce.
Can you help us. We are getting conflicting advice from the SS office in Montpelier, Vermont.
Thank you
R.F.
Hello Mr. Parker, the benefit as a divorced spouse can be equal to one-half of the ex-spouse’s full retirement amount. However, this is true only if she started receiving benefits at her full retirement age. Due to the fact that she filed to receive benefit earlier at age 63, her benefit was adjusted accordingly for collecting early. If a person begins to receive Social Security benefits prior to their full retirement age, their benefits are reduced. These reduction factors are permanently applied to all of the benefits the person may qualify for. Please visit our Retirement Planner: If You Are Divorced for more information, or call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. if you have additional questions. Thanks.
Cindi S.
I am confused by verbiage. From an earlier post, regarding a divorced spouse claiming benefits from their ex (10 years married, qualifying for benefits), one answer said this:
“…If you also qualify for a higher amount as a d
divorced spouse, you will get a combination of benefits that equals that higher amount….”
In response to another post, this was the response to a similar question: “…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…” .
These are two different responses given for similar questions. Can you give examples for clarification?
R.F.
Let us clarify Cindy. First remember that if you are eligible for both your own retirement benefits and benefits as a divorced spouse, we always pay your own benefits first. If your benefits as a divorced spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher divorced spouse benefit. For example: Let’s say that at your full retirement age you qualify for a retirement benefit of $250 and a divorced spouse’s benefit of $400. You will receive your own $250 retirement benefit, and we will add $150 from your ex-spouse’s benefit, for a total of $400.
Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount only if you start receiving benefits at your full retirement age.
If a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. These reduction factors are permanently applied to all of the benefits the person may qualify for.
We hope this information helps. Visit our Retirement Planner: If You Are Divorced for more information, or call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. if you have additional questions. Thanks.
Joe P.
Hello, my mother is 61 and my father is 62. My mother has been collecting ss disability for years due to an illness. The longest she’s ever worked a job is about 5 or 6 years. She is divorced but was married to my father for about 23 years (divorced 2001). My father still works and has worked his whole life. Will my mother get an increase if she applies for social security retirement ?? Or will her payments remain relatively the same? She doesn’t get much on disability.
Terry
Please clarify for me:
I am 61 years old. I am separated after a 38 year marriage. When I am 62 I can draw on my husbands work record. But if we divorce I must wait 2 years? Which means that I must wait until age 63 to retire on his work record if we divorce asap?
Also, What if I remarry before age 62? Then I must be married for 1 year before I can draw on my current husbands work record?
So, I have to decide to get married again soon so that I can retire at age 63 on my future husbands record??
Do I have this correct??
J.Y.
Thank you for your question, Terry. Generally, if you are divorced and your marriage lasted at least 10 years, you may be eligible to draw spousal benefits starting at age 62. That is if you do not have sufficient work history to draw benefits on your own record. If you remarry, you must remain married for one year before becoming eligible for benefits on the new spouse’s record. We hope this helps.