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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Eva
My father recently passed away. He was 70 and receiving full retirement. My mother is 67 and receives her own retirement benefits, which was less than my father’s. My father has an ex-wife, and I just learned that she may be entitled to a portion of my father’s social security. My question is will the ex-wife’s portion affect my mother’s portion? I know that my mother will not receive the full amount as she receives her own retirement amount, but we are concerned about what she will get to live on now that my father is gone. Thanks.
R.F.
Hi Eva, we are sorry to hear about your father’s passing. Benefits paid to a surviving divorced spouse will not affect your mother’s benefit. Your mother can apply for widow’s benefits by calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting her local Social Security office. An appointment is not required, but if she calls ahead and schedules one, it can significantly reduce her waiting time at the office. Please visit our Survivors Benefit Planner to see what information and documents she may need to apply.
Margaret M.
I was married 27 years, divorced 16 years, have not remarried and will turn 66 (my FRA) in August. Under the new laws will I be able to file to receive a spousal benefit while delaying filing on my own record allowing it to grow until I reach age 70?
Nancy
I was married for 24 years. My husband and I divorced and then 3 years later he passed away. My question is I am 60 years of age, unmarried with no children from my previous marriage. Am I entitled to my ex-husband social security since I have not remarried? If so, when can I apply for it. Also, is there a widow’s death benefit I am entitled to? I am still working and do not plan to retire until I am 64 or 65. Thanks.
J.Y.
Thank you for your question, Nancy. A widow or a surviving divorced spouse can start receiving benefits any time between age 60 and full retirement age as a survivor. If the benefits start at an earlier age, they are reduced a fraction of a percent for each month before full retirement age. Also, only a surviving spouse or child may receive a special lump-sum death payment of $255 if they meet certain requirements. Generally, the lump-sum death payment is paid to the surviving spouse who was living in the same household with the worker when he or she died. We hope this information helps.
Nancy
So as I am understanding your reply at age 60 at a reduced amount I can begin drawing on my ex-huband’s SS benefits. Does that affect my SS benefits when I draw on my own benefits at full retirement age? What is the best way to apply for the benefits? Is the reduction taking the benefits at 60 much less than if I wait until full retirement. Once I retire and start drawing on my own SS do I still get a portion of his as well? Thanks.
Helen m.
Me ex husband and I were married for 15 years before we divorced. He retired in about 2007 and passed away in 2010. I found out that I am able to get widows benfits. How far back will they go . I just turned 65.
Margaret M.
My situation:
*married 27 years
*divorced about 16 years/not remarried
*will reach FRA this August
*on Medicare, but have not yet filed for SS retirement benefits.
The new laws are very confusing! Your answer to a question posted Jan. 14, 2016 about filing on an ex-spouse’s benefit while allowing one’s own benefit to grow until age 70 was to check back for updates. Your March 21 answer to a question posted by Richard on March 19 seems to indicate that at full retirement age it is possible to file on one’s ex-spouse’s record and delay filing on one’s own record allowing one’s own benefit to grow until age 70. I asked this question at my local SS office and was told that the new law eliminated this option. Several days later I asked the same question by phone and was rudely given the same answer. The second blue dialogue box on the SS’s “If You Are Divorced” page seems to indicate that this option is, in fact, available to those born before Jan. 2, 1954. Please don’t just refer me to the “If You Are Divorced” page and/or the Bipartisan Budget Act of 2015.
Cindy
Hi, I am 63 and my ex-husband is now 66 and has begun receiving social security benefits. I understand I can aso begin receiving social security beneifts being that I am ove 62, but if I wait to my age 66, will the benefit be higher? I have no social security beneifts of my own, so it would all be based on his record. thanks,
R.F.
Hi Cindy, your benefit as a spouse can be equal to one-half of your husband’s full retirement amount only if you start receiving those benefits at your full retirement age. Reduction factors are permanently applied to all benefits an individual may qualify for once they opt to start benefits at age 62 or at any time prior to their full retirement age. Visit our Retirement Planner: Benefits For You As A Spouse for more information. Thanks!
Cindy S.
Wanted to know If I would be eligible for any disability benefits of my ex husband who has passed away after we were divorced…We had been married for 10 years….I am currently remarried. I am 59 years of age now……and my ex passed away at the age of 50….Am I entitled to anything? He collected disability benefits the last years of our marriage..
R.F.
Hi Cindy. If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more. You can start receiving reduced benefits as early as age 60. If you remarry before you reach age 60 (age 50 if disabled), your remarriage will affect your eligibility for survivors benefits.
Marla
Married 25 yrs, divorced for 2. Ex-husband passed away at age 61. Social Security told me to apply for widows benefits immediately (age 61) because it would not make any difference in the amount whether I waited til age 66 or not. So I did. Is this correct? What is a “death benefit”, who does it go to, and was I supposed to get this, I did not. Thank you.
R.F.
Thank you for your question Marla. A widow or a surviving divorced spouse can start receiving benefits any time between age 60 and full retirement age as a survivor. If the benefits start at an earlier age, they are reduced a fraction of a percent for each month before full retirement age. Also, only a surviving spouse or child may receive a special lump-sum death payment of $255 if they meet certain requirements. Generally, the lump-sum death payment is paid to the surviving spouse who was living in the same household with the worker when he or she died. We hope this information helps.
Marla
Thank you. I’m going to assume I was told correctly that it didn’t make any difference whether I began collecting his SS immediately or waited til I was 66. Correct?
jami y.
Umm, yes, it makes a difference. You would get more per month if you waited to start your benefits. You can get widow benefits as early as age 60 but they are reduced for age/ The full amount kicks in when you hit full retirement age
Tonya C.
I was wondering my grandma is receiving ss from her first husband that has pasted away and she just received a letter that she can qualify for ss from her second husband of 15 years they have been divorced now for more then two years is it possible to draw ss off of both ex husbands?
R.F.
Great question Tonya. It appears that both of your grandmother’s marriages may have met the eligibility requirements needed for both: widow’s and divorced spouse benefits. It is possible for a person to be eligible to more than one benefit at the same time. However, we are only going to pay the highest benefit amount from either of the two records – meaning that your grandma will only be allowed to receive one payment. Hope this provides clarity. Your grandmother should respond accordingly, to the instructions of the letter as soon as possible. Thanks !
Bill
My mother receives part of my now deceased fathers military retirement which amounts to about $700/ month. She is 69 years old and I am wondering is she entitled to anything from social security for herself or from my dad? They were married for 13 years before they divorced.