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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Arlene
i was married for 20 years now am divorce..never remarried…i dont have the credits to get s.s. ..now am 57 years and i have health problems .do i have to wait till 62 years to get benefits from my ex or can i get them now ..
Lorenzo D.
Thanks for your question! If you were married to your former spouse for at least 10 years, and you are not eligible for a higher benefit on your own record, you may be eligible for benefits on his record at age 62. Here’s some information from our Retirement Planner: If You Are Divorced section. Hope this helps!
Raphael
How about 9 years a eleven months? Can you still get spouses benefits???
Ray F.
Hi Raphael, perhaps you’re talking about Divorced Spouse Benefits. Under current rules, 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. if you are currently married, you must be at least 62 years of age and your spouse must be receiving retirement or disability benefits to qualify for spouse’s benefits.
Willie
Can you draw off 9f two different records
Ray F.
Hi Willie. It is possible for a person to be eligible 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 as a spouse on another record. However, we are only going to pay the highest benefit amount from either records – meaning that you will only be allowed to receive one payment. Hope we’re able to provide clarity. Thanks !
tommy
divorced after 12 years I am on SSI. I was two credits short of SSD. question can I use my ex wife to get Reg SSD now?
Lorenzo D.
If you were married to your former spouse for at least 10 years, and you are not eligible for a higher Social Security benefit on your own record, you may be eligible for benefits on your ex-spouse’s record at age 62. It may also be helpful for you to read our web page, “If You Are Divorced,”. To find out if you are eligible for a higher benefit and to discuss your options, contact us at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. and 7 p.m., Monday through Friday or visit your local Social Security office. Please visit us here to find your local office. We hope this helps!
Paul
As often is the case, this SSA publication is at best misleadingly written. SSA’s publications for the public are basically “dumbed down” in an attempt to make complex topics easy to understand. Unfortunately, all too often this also means that details get left out that you really must consider (else the facts that are presented will badly lead you astray).
While I spotted several such important missing details in this publication (because I deal with Social Security issues for a living), the following passage is the worst: “You can also elect to receive only the divorced spouse benefits and delay benefits on your own record until after your full retirement age, which may mean a higher monthly amount for you.” This statement is misleading in that YOU DO NOT HAVE THE OPTION TO RESTRICT “THE SCOPE” OF AN APPLICATION TO JUST THE SPOUSAL OR EX-SPOUSAL BENEFITS UNLESS YOU HAVE ALREADY REACHED YOUR FULL RETIREMENT AGE (FRA)!
For those born between 1943 and 1954, FRA is age 66. If you were born after 1954, that age gradually increases to age 67 (under present law). The publication correctly states that spousal benefits become available as early as age 62, but because of the omitted details, it wrongly implies that you also have the option to restrict your application to just the spousal benefits at that age.
The limitation on restricting the scope of an application only IF you have reached Full Retirement Age (FRA) does not apply to widow’s/widower’s benefits.
Because of the much younger age at which widows/widowers can restrict their filing to only one benefit type, the option to take one benefit early and the other late (so as to get more) is primarily exercised by widows and widowers.
That said, the restricted filing options that ARE available to spouses are increasingly becoming popular. However, it is usually only a viable option for those that have sufficient income from other sources, as this allows waiting to file for ANY benefit until FRA.
Before spouses consider exercising the option to restrict their application to just the spousal benefit, one should seriously consider the implications of any health issues either spouse may have and their relative ages. You must evaluate the likelihood that you and your partner will at least eventually “break even”, especially if one of the choices involves taking a lower benefit initially through the use of a “restricted” application.
Questions about what this all means”? Call SSA’s Teleservice Representatives at 1-800-772-1213 for answers on most technical issues. However, Social Security agents are not able to give you financial advice. If you ask however, agents can arrange for you to get the age “break-even” points of your various filing options.
If knowing the age “break-even points” still leaves you questions about what choices are best for you, you should seriously consider getting advice from a “fee-based” financial counselor. You should avoid using “financial counselors” that primarily only make money if they sell you on the financial products they happen to offer. Keep in mind that what they sell may not be (and often is not) the best financial product for you.
judy s.
i get social security
was married for 20 yrs so i get 200 and something from him. if i get married now will i still get the 200 and something from ex husband
Ray F.
Hi Judy! If you’re currently receiving divorced spouse’s benefits, and decide to get married again, you generally cannot collect benefits on your former spouse’s record unless that (new) marriage ends. Remember that you must contact us to report any changes that can affect your benefits and to update your records. If you have specific questions about your situation, please call our toll free number at 1-800-772-1213 Monday through Friday, from 7 a.m. to 7 p.m.
Susan
I was married for seven years and had two children. When my husband left, I was the only support of my two children and myself. He refused child support and married a month after our divorce to someone who was married to his “friend.” I did not get any support as was outlined in the divorce agreement, and Family Support was two overwhelmed for years to even look into it. So, I do not agree with the 10 years required. I feel that I deserve something from his social security in these later years. Right now, I am collecting on my own and took it at 62 due to health problems. thanks.
David L.
Fair or not, 10 years is the regulation.
toya
maybe should develop a relationship with grandparents and aunts and uncles. bet they would want to know their kids are being cared for properly.
rvsdmfr
I don’t think you were cared for properly
Let's p.
This is incorrect information. You can’t “also elect to receive only the divorced spouse benefits and delay benefits on your own record until after your full retirement age”. That’s only available to widows and surviving divorced spouses, not those whose former husbands are still alive. Please correct your information.
James L.
Appreciate your feedback! This is a complex topic, and you’re right, the way we wrote that sentence could be misinterpreted or confusing, so we’ve edited to hopefully make it more clear. Thank you!
Lisa
I have been with my domestic partner over 15 years we do not have children together. Can either of us benefit from ss if something should happen to either of us?
Lorenzo D.
Hi, and thanks for your question! Social Security follows the state laws. So, check the laws in your state. To get survivors or spouses benefits, you generally must live in a state that recognizes common-law marriage. However, most states (even those that do not recognize in-state common-law marriage) will recognize a common-law marriage entered into in another state that does. For eligibility information about same-sex relationships, please visit our web page, Same-Sex Couples.
Evelyn
Now if you have a child with a person that is 29 years old and you are not married and have live with that person for 30 years, can you still benefit from your domestic partner.
Lorenzo D.
Social Security follows state laws. So, check the laws in your state. To get survivors or spouses benefits you generally must live in a state that recognizes common-law marriage. However, most states (even those that do not recognize in-state common-law marriage) will recognize a common-law marriage entered into in another state that does. In your situation, it is best to contact your local field office. To find your local office, check out: http://go.usa.gov/bgfV. Or, you can call our toll free number, 1-800-772-1213 (TTY 1-800-325-0778) and ask to speak with one of our representatives, who are available Monday through Friday between 7:00 a.m. and 7:00 p.m. They will be happy to assist you further.
Ari
To all who asks a question here, be sure and keep a written copy of your question and answer. Just for your own records.
M. G.
I am separated from my husband, but still legally married. If he should die, will I be eligible to collect his Social Security since his benefits are much more then mine. I am 72, he is 82 and we are both collecting Social Security Benefits. Many thanks for your prompt response. Thank you.
Lorenzo D.
If your husband passes away, call or visit us and we will check to see if you can get more money than you are currently receiving. For more information on survivors’ benefits, read our publication, Survivors, and our web page, How Much Would Your Benefit Be?
Survivor
I was married for 27 years to a 100% Disabled Veteran who is 61 and was unemployed for the majority of our marriage. We then divorced 5 years ago. I am now turning 55 and living totally on my Social Security Disability Permanent Income of $900 a month. Will I be eligible for anything at Retirement Age from my Ex-Spouse since he only receives his Service Connected Disability Income which is well over $2000 a month as of now…and not sure if he will ever be eligible for receiving Social security Income due to his unemployment?
Thank you for helping me with this matter!
Lorenzo D.
You can apply for ex-spouse’s benefits once both you and your husband turn 62 years old. We will pay you any benefits you may be due based on his earnings. For complete information on benefits for divorced spouses, please visit our web page, If You Are Divorced.
Betty
I need clarification. I am 6.5 years older than my ex husband so can I apply for SS Benefits on his record when I am 62, or do I have to wait until he turns 62?
Ray F.
Hi Betty. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:
•You are unmarried;
•You are age 62 or older;
•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 ex-spouse must be of retirement age (at least 62). If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years. We hope this information helps.
Betty
Please clarify this question as well: If I apply for my own ‘reduced’ benefits when I reach age 62, can I switch over to receive half of my ex’s benefits when he reaches 62 (6.5 years after me) and if so I will be 66.5 by then (full retirement age for me) so can I receive half of HIS Full Retirement amount when I’m 66.5 and switch over from mine to his?
Ray F.
Hi Betty. To see if you qualify for a higher benefit amount on your ex-spouse’s record, you will have to contact us when he attains age 62. Keep in mind that 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 that person may qualify for. Also, your benefit as a divorced spouse can ONLY be equal to one-half of your ex-spouse’s full retirement amount if you start receiving Social Security benefits at your full retirement age.
Janet J.
I only make about 1200.00 on retired civil service offset. Am I eligible to only receive a third of what my civil service retirement is? Does it make a difference that I was married to someone greater than 10 years and he receives a sizeable amount.
Lorenzo D.
Great questions! A pension based on work that is not covered by Social Security, such as the Federal civil service and some State or local government employment, may cause the amount of your Social Security benefit to be reduced. Your benefit can be reduced based on one of two provisions: the Windfall Elimination Provision, which applies to any benefits you may be eligible for on your own Social Security record, and Government Pension Offset, which applies to any benefits you may be entitled to as a divorced spouse. To learn more, please visit: Information for Government Employees and If You Are Divorced.
For more clarification on your particular situation, you may contact us at 1-800-772-1213, Monday through Friday between 7:00 a.m. and 7:00 p.m. and ask a representative to assist you, or you can contact your local office. Their information can be found at http://go.usa.gov/bgfV. We hope this helps!