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
See CommentsAbout the Author
Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
Comments are closed.
sharon
my situation: i am 62 and have been disabled since 2010. i have been collecting ssdi since that time on my own earnings record. i understand that i can file against my ex-spouse’s record now. we were married 10 plus years. i just spoke, by phone, with a local ss agent advisor and she said i would need to come into the office though two others advised me that a phone call would be sufficient. one never gets the same information from ss and how does one trust information provided to be the best information when making a decision of this importance? what is the criteria for filing in my situation; how do i know if it will benefit me now or in the future; and what must i provide an agent, in person, in order to receive the advice i need? as i mentioned, i am disabled and need transportation assistance so planning is required and i do not want to go to a ss office only to be told i need to bring other documents and come back at another time since it will take some doing to go the one time. will you please provide a clear answer as to what i now must do and the best questions to ask an agent to ensure i receive the most advantageous advice scenario? thank you.
R.F.
We are sorry for any confusion or misunderstanding Sharon. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record if:
• You are unmarried;
• You are age 62 or older;
• Your ex-spouse is entitled to Social Security retirement or disability benefits.
However, If you qualify for benefits on your own record, we pay that amount first. If the benefit on your ex-spouse’s record is higher, you’ll get an additional amount on your spouse’s record so that the combination of benefits equals that higher amount. You can apply online. If we need a divorce decree or if we need additional information, we will contact you after you submit your online application. If you decide not to finish applying online, for whatever reason, you can apply by phone. Call 1-800-772-1213 to make an appointment and to avoid any loss of benefits. Representatives are available Monday through Friday from 7 AM to 7 PM. You should also read our publication, “What Every Woman Should Know” for more important information. Thanks!
Madeleine C.
In January, 2015 I called and spoke with a Social Security representative. I was applying for social security retirement for the first time. I told her I wanted to apply using my ex-husbands social security information. She checked and said that because his amount would be less than my amount it wasn’t allowed. I told her even though it was a lessor amount I still wanted to claim on his until I turned 70, and then claim on mine. I’m not sure if she wasn’t listening or understood what I was saying but declined to enter it that way and said I had use my information. In April, 2016 I read an article online stating that I could claim on my ex-husband’s information even at a lessor amount so I called and made an appointment with Social Security. Later that same month I went to the Dade City office and spoke with another representative. She confirmed that I could claim on my ex-husband’s information and submitted a claim. I recently received a letter in May, 2016 informing me that my Social Security benefits had been stopped. I called the Dade City office to inquire as to what was going on and they told me that a decision had not been made yet due to it being a two part process. Later in May, 2016 I received a phone call from the Dade City office stating that the claim to receive payments on my ex-husband’s information had been declined. The representative from the Dade City office told me it was declined because I had been receiving benefits for over a year using my information. The problem is that if the first person I spoke to back in January, 2015 had processed my request correctly none of this would have happened. The Dade City office told me I would receive a letter informing me how to appeal the decision and that I had 60 days to appeal. This is going to be a major problem for me. I am leaving the country on Monday (tomorrow) and will be overseas for 4 months. Can my son receive the letter and handle the appeal for me or does he need to send me the letter? Can I complete the appeal online overseas? I am really lost as to what to do especially since I am quite sure I wont receive the letter before I leave the country. Any help or information you could provide would be greatly appreciated.
R.F.
Hi Madeleine. We apologize for any inconvenience. You cannot complete an appeal for a non-medical denial online. You can complete and sign the “Request For Reconsideration” form. Your son can take or mail the form to the local office within 60 days from the date they made a determination. We hope this information helps.
Margaret B.
I will be 65 in Nov. and I am a retiring teacher. I did pay into SS for the required quarters prior to my teaching career. My question is, can I draw on my ex-husbands social security while receiving my STRS retirement? He is 74 at this time.
Thanks so much. MB
R.F.
Hi Margaret. A pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies, such as police officers and some teachers) may cause the amount of your Social Security benefit to be reduced. Your benefits can be reduced based on one of two provisions. Your own Social Security benefit can be reduced based on the Windfall Elimination Provision. If you are divorced and qualify for benefits on your ex-spouse’s record, your benefits may be affected by the Government Pension Offset. Remember, you should contact us about three months before your 65th birthday to see if you qualify for Medicare.
sandy
I have a question. I will be a retired teacher soon. My almost ex is demanding 1/2 my strs retirement, which is not big since I started teaching at age 50. Will I be able to obtain any of his ss? if so will an ‘off set’ apply? Looks like I will be trying to live on $700 month, 1/2 my strs Please direct.
Thank you
R.F.
Hi Sandy, you may be eligible 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.
However, if you receive a pension from a job in which you did not pay Social Security taxes, your Social Security benefit on your ex-spouse’s record may be affected. For more information, please visit our Retirement Planner: If You Are Divorced.
Eddie
So my mom is 66 and going to retire this year my dad is 63 and has already retired but they got divorced 16 years ago could my father claim Social Security or retirement on my Mom’s behalf? Vice versa can my mom claim on my father’s behalf and collect? My mom is currently single and has been for the past 16 years my father has remarried 5 times, Can this affect my mother?
R.F.
Hi Eddie. Generally, a divorced spouse may be able to receive benefits on the ex-spouse’s record starting at age 62 or older. Here are the requirements to receive benefits if you are divorced:
• 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.
Your mom should also read our publication, “What Every Woman Should Know” for more important information. Thanks!
Connie
how does this work? female married over 10 years now divorced. Ex spouse (main income earner – still working) is 5 years younger. I am turning 65 in August 2016. When can I file on his SS?
R.F.
Hello Connie. Generally, a divorced spouse may be able to receive benefits on the ex-spouse’s record starting at age 62 or older. However, your ex-spouse must also be of retirement age himself (62 years old) and entitled to Social Security retirement or disability benefits. If your ex-spouse does not apply for retirement benefits, but qualifies for benefits at age 62, you can receive Divorced Spouse’s benefits on his record as long as you have been divorced for at least two years. For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!
lynn
If your 1st husband is killed in accident and you remarry and husband dies why are allow to collect on first husband SS if you don’t collect on second because he didn’t make as much money. This doesn’t seem right an don’t you think we could save a lot of money by not doing this?
Venus C.
I think it doesn’t matter. They were married to both so why should it matter which they chose to collect if they are entitled? . The beneficiary would obvious want what is his or her best interest,
Sharon
My husband and I were married 16 years when we divorced in 1989. We both worked many years and both paid into ss. He passed away in 2007. He made about 40k a year for his 30 years with his company and i about the same. I am 60 years old and am planning on retiring soon. I have a 401k in which I’ll receive 900 a month for the next 30 years. I just didn’t know what I needed to do. Can I collect my deceased ex husbands ss asking with mine when I retire? Can I collect his now and maybe wait to retire? Would it be worth even trying to collect his? I spoke with hr at my company and apparently I’m eligible for 2400 a month. I’m not sure that ss is included in that number since I’m 60. This all seems so confusing and really didn’t get the answers I wanted from hr. I’m just looking out for my best interests! Thanks!
R.F.
Hi Sharon, a surviving divorced spouse can start receiving reduced benefits as early as age 60. In many cases, a widow or surviving divorced spouse can begin receiving one benefit at a reduced rate and then, at full retirement age, switch to the other benefit at an unreduced rate. The rules are complicated and vary depending on the situation. You cannot apply for survivor’s benefits online. If you decide to apply, you will need to contact your local office, or call our toll-free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. for assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Social Security does not count pension payments, annuities, or the interest or dividends from your savings and investments as earnings. Also, if you work while you receive Social Security retirement (or survivors) benefits, your earnings may reduce your benefit amount if you make more than the yearly earnings limit. For 2016, the yearly limit is $15,720 for individuals under full retirement age. See our “Retirement Planner: Getting Benefits While Working” for more information. We hope this information helps.
Deborah
I will be 62 in 2017. I am a divorcee of 10 years and my question is if I retired on my ex’s SS benefit at age 62 and when I reach full retirement age at 66 and 6 months – am I able to take that benefit amount if its more than my ex’s benefit amount?
R.F.
Hi Deborah. If and when you apply for Social Security benefits –at age 62- you qualify for benefits on your own record, we will pay that amount first. If the benefit on your ex-spouse’s record is higher, you’ll get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. The option to restrict an application extends only to individuals who have attained their full retirement age (currently 66). Please see our Retirement Planner: If You Are Divorced for more information.
Helen
Hi…My ex-husband is receiving disability benefits…We were married for over 10 yrs. I am the custodial parent of our 12 yr old child. I am under 62 and work full-time. Can my child or I receive benefits and if so how does my income affect them? Thank you
R.F.
Thank you for your question Helen. If your ex-husband is receiving disability benefits under the Social Security Disability Insurance (SSDI) program, his minor children may also qualify to receive benefits on his record. Normally, benefits for children stop when children reach age 18, unless they are disabled. Visit our Disability Planner: Benefits For Your Children for more information on this topic. In the other hand, disability benefits issued through our Supplemental Security Income (SSI) program, are based on the needs of the individual and are only paid to the qualifying person. There are no spouse’s, children’s or survivors benefits payable.
To learn more on “How Work Affects Your Social Security Benefits”, visit our Frequently Asked Questions web page. If you have specific questions and to see if your son qualifies for benefits, call our toll-free number at 1-800-772-1213. Representatives are available Monday through Friday from 7 a.m. to 7 p.m. Generally, you will have a shorter wait-time if you call later in the day and later in the week.