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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Susan
I will soon be electing to receive survivor’s retirement benefit (turning 60 and spouse is deceased so electing to take his benefit at age 60). Does this affect my ability to apply for social security disability on my own earnings record? Does the date of electing the survivor’s benefit versus the date of disability matter?
R.F.
Hi Susan. You can apply and begin receiving reduced widow’s benefits as soon as you are eligible (age 60). As for disability benefits, you may apply at any time while receiving survivors/widows benefit as long as you meet our definition of disability. Remember that disability benefits are paid to people who are unable to work because of a medical condition that is expected to last one year or more or to end in death. We encourage everyone to apply for disability benefits as soon as when they become disabled. If you are approved, we will adjust your payments accordingly to reflect your new amount.
Jack E.
Does the ex-spouse need their ex-spouses social security number in order to apply for benefits on the ex’s benefit?
R.F.
Hi Jack. If the individual is eligible for Divorced Spouse Benefits, he or she should be able to provide our representatives with other identifying information about his or her ex-spouse, and be able to apply for benefits.
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. I am still working and do not plan to retire until I am 64 or 65.
So 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.
R.F.
Hi Nancy. In many cases, a widow or a 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. You can work while you receive Social Security benefits, but if you make more than the yearly limit amount, your earnings may reduce your benefit amount. At this time, we do not offer an online application for survivor’s benefits. To make an appointment or to speak to one of our representatives, call our toll free number 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. We hope this information helps!
Louisa (.
I am eligible for divorced spouse benefits when my ex-spouse turns 62. However, I am older than him (born in 1955) and want to file when I am 62. I am confused about how the new law will affect me. Deemed filing seems to imply that if I apply before he is 62, I cannot claim the spousal benefit at all. Is this true, or will my benefits be adjusted when he turns 62?
R.F.
Hi Louisa. The new rules for deemed filing apply to individuals who turn 62 on or after January 2, 2016. If you turn age 62 on or after January 2, 2016, you are required or “deemed” to file for both your own retirement and for any benefits you are due as a spouse (or divorced spouse) benefits, no matter what age you are. In your case, your ex-spouse must be of retirement age (at least 62) for you to qualify for benefits on his record. If your ex-spouse has not applied for retirement benefits, but can qualify for them -at age 62- you can receive benefits on his record if you have been divorced for at least two years. Remember, if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. In addition, deemed filing may occur in any month after becoming entitled to retirement benefits. For example, if you begin receiving your retirement benefit and only later become eligible for a spousal (divorced spouse) benefit, you will be “deemed” to have applied for the second benefit as soon as you are eligible for it. You may have to contact us when your ex-spouse turns 62. Visit our “Retirement Planner: If You Are Divorced” for more information.
Susan
I will soon be electing to receive survivor’s retirement benefit (turning 60 and spouse is deceased so electing to take his benefit at age 60). Does this affect my ability to apply for social security disability on my own earnings record? Does the date of electing the survivor’s benefit versus the date of disability matter?
T D.
My husband was married for 18 years previously, we are married now. At the time of his retirement, can she receive benefits from him or will they come to me as his current wife…
R.F.
Thank you for your question. In this situation, there could be Benefits For You As A Spouse, and since he was married to his first wife for more than 10 years, the ex-wife could receive Divorced Spouse’s benefits.
Carol
1) I now draw on my ex’s benefits.
2) I turn 70 this year and will then draw on my own benefits because it is a larger amount.
3) If he later precedes me in death, can I revert back to drawing on his benefits?
Thank you!
R.F.
Thank you for your question Carol. In the event that your ex-spouse passes away, you will likely qualify for survivors benefits. Survivors benefits are paid at a higher rate, and you would have to contact Social Security for another review of your benefits. If you need information about possible survivor benefits, please read “If You’re the Worker’s Surviving Divorced Spouse”.
Deb B.
I am looking at options for retirement. I am currently 62 and have been divorced for 16 years. We were married for about 23 years. If I draw on my ex’s amount in the next year or so, would that amount change if he passes or would I only get what I was drawing when I applied?
R.F.
Thank you for your question Deb. Remember that when you qualify for retirement benefits on your own work history and if you are also eligible to receive benefits on your ex-spouses record, we will always pay out from your own work record first. If you are eligible for “Divorced Spouse Benefits”, and the benefit amount 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. In the event that your ex-spouse passes away, you will likely qualify for survivors benefits. Survivors benefits are paid at a higher rate, and you will have to contact Social Security for another review of your benefits. If you need information about possible survivor benefits, please see: “If You’re the Worker’s Surviving Divorced Spouse”. If you have specific questions, you can call our toll-free number 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available between 7 a.m. to 7 p.m. Monday through Friday, but you will generally have a shorter wait time if you call later in the week. Hope this helps!
Nell
My relative’s wife abandoned him 20 years ago, after 30 years of marriage. My relative has never moved or received any papers about a divorce. He can not read or write but has always showed any papers he’s received to my husband (now deceased) or me.
Before she died, Soc. Sec. said that her benefit was higher than his and therefore: 1) if she died before him, he would receive her higher benefit level but 2) if she divorced him and THEN died, he would remain at his current level since his own benefits were larger than half of her benefit.
His wife recently died and the death certificate lists another man as her husband Social Security did not send my relative the one-time death benefit and did NOT increase his Social Security. If we appeal this on the grounds that my relative was never divorced (or was fraudulently divorced), are we entitled to the documents (so-called divorce and/or subsequent marriage documents, etc.) that Social Security based its decision on. If not, how would we begin to investigate the conditions under which he was so-called divorced and his wife possibly remarried?
R.F.
Unfortunately and because of security reasons we do not have access to personal records in this blog and cannot answer any of your question at this time. One of our representatives should be able to provide your relative with an explanation and answer his questions. He can call our toll free number at 1-800-772-1213 Monday to Friday between 7 a.m. and 7 p.m. or visit her local Social Security office for further assistance.
Tresia B.
Hello, I receive SSDA, disability with social security payments, not SSI, I was determined disabiled 10-2010. I am now 55, will be 56 in November of this year. I was married to my first husband for 20 years, 11 years to my second husband, divorced from both. I divorced my second husband 2011. My question is, can I get SSA off of your record, or at least see if it may be more than what I draw at this time…and do I have to wait until I am 62 or can I now that I am 55 …?/???
R.F.
Hello Tresia, 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!
Jean
I was married 27 years and divorced since 1989. I started receiving benefits at age 62. My ex-husband is now retired too. He worked longer than I did and at a much high salary. I don’t believe my income was based in his income. How can I find out if this is true or not and if not can I now apply to have my income recalculated? I do not know where he is or do I have his social security number.
R.F.
Unfortunately and because of security reasons we do not have access to personal records in this blog and cannot answer your question at this time. Please call our toll free number at 1-800-772-1213 Monday to Friday between 7 a.m. and 7 p.m. or visit your local Social Security office for assistance.