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
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Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
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PAT
I WAS MARRIED FOR 14 YEARS – DIVORCED
REMARRIED FOR 9 YEARS – DIVORCED
AM I ENTITLED TO FIRST HUSBANDS SOCIAL SECURITY BENEFITS. I AM 64 YEARS OLD AND I CANT AFFORD TO LIVE WITHOUT HELP
IF I CANT CAN I GO ON WELFARE. I HAVE NO RETIREMENT PLAN FROM WORK – IT IS A VERY SMALL COMPANY AND NEVER OFFERED A PLAN
Robert
I was married over 10 years. I expect my ex wife to collect on my social security after the two year waiting period. How can I find out when she starts collecting on my social security? Also how much. I turn 66 in October and will start to collect at full retirement age.
J.Y.
Hi Robert. We don’t send out any type of notification to the number holder when a divorced spouse starts to collect on the record. We can only inform you who’s drawing from your account, the month of entitlement, and the amount of the benefit. For your security, we do not have access to information about your account in this venue. We ask that you continue to work with your local office on specific questions about your case. You can also call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available Monday through Friday between 7:00a.m. and 7:00p.m. Generally, you’ll have a shorter wait time if you call later in the day.
Jenny
Hi, if I’m receiving SS on my X husbands record who I was married to for 25 years and I am getting remarried to someone new how long before I can claim on my new husbands record as his is higher than my X?
R.F.
Thank you for your question Jenny. For Social Security spouse’s benefit, a spouse must be legally married to the worker at the time the application is filed and for at least one continuous year immediately before the day of the application. Remember that it is important to notify Social Security promptly – either in person, by phone or by mail – whenever a change occurs that could affect your benefits. Please call our toll free number at 1-800-772-1213 and speak to one of our representatives for more information. Representatives are available between 7 a.m. and 7 p.m., Monday through Friday but you will generally have a shorter wait time if you call later in the day, or later in the week. Thanks.
Katherine
I really hope someone can answer this for me. I have been searching the Internet forever and can’t find anyone in my situation. Everyone assumes that the husband is older and wife. In my case, I am 66 and my ex husband is 61. We were married for 30 years. Neither one of us has remarried. I started drawing Social Security on my own earnings at the age of 62. It’s a very small amount because I stayed home to raise the children while he worked. My ex-husband will turn 62 next year and is filing for his Social Security then. I’m sure that he will be getting much more in Social Security than I am. How do I go about getting the difference between what I am getting now and what I am entitled to from his? Do I have to file all over again? Or will they just give me the higher amount automatically? I understand that I will not get 50% of his Social Security because I filed at age 62 on my Social Security and also he will be filing at age 62 on his Social Security. How do I find out what the difference in payments will be? Please please help me to understand this. I have never seen another situation online where the husband is five years YOUNGER than the wife.
R.F.
Thank you for your question Katherine. In your situation, you will have to contact us when your husband attains age 62. If you are eligible for a higher benefit amount on his record, you will need to file a new application to receive benefits as a divorced spouse. In addition, if your ex-husband does not apply for his retirement benefits, but can qualify for them at age 62, you can still receive benefits on his record if you have been divorced for at least two years. Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information.
Tammy S.
Question. I’m divorced. I was married for 27 years. If I don’t remarry and file for benefits when I’m at retirement age what will be the situation? I will file on my own record and on my ex-husbands. Will my benefit that is paid be part of mine and part of his which will equal 100% of the whoever’s amount is higher. I have seen mixed comments that say you are entitled to only 50% of the ex spouses amount. Please clarify. Thank you
R.F.
Thank you for your questions Tammy. If you are eligible for benefits both as a retired worker and as a divorced spouse and are not yet full retirement age, you must apply for both benefits. You will receive the higher of the two benefits. 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. Visit our Retirement Planner: If You Are Divorced for more information.
Tammy S.
Question. I’m divorced. I was married for 27 years. If I don’t remarry and file for benefits when I’m at retirement age what will be the situation? I will file on my own record and on my ex-husbands. Will my benefit that is paid be part of mine and part of his which will equal 100% of the whoever’s amount is higher. I have seen mixed comments that say you are entitled to only 50% of the ex spouses amount. Please clarify. Thank you
Elizabeth D.
My aunt and uncle lived together for 3yrs and had two childre prior to officialy marrying while she was pregnant with third child. They divoced after 7yrs . She currently has Alzimer’s and my uncle just recently died. Would she be eligible for some of his benefits?
J.Y.
Hi Elizabeth. We are very sorry to hear about the recent passing of your Uncle and your Aunt’s current health condition. In order for your Aunt to receive survivors benefits under her ex-husbands record, your Aunt and Uncle must have been married for at least 10 years. However, if your Aunt is caring for their child and the child is under age 16 or disabled, the 10 year marriage rule would not apply to her and she may qualify for your Uncle’s benefits. If she qualifies due to her child in her care, her benefit will affect the amount of the benefits of others on your Uncles record. Please visit our Survivors Planner page for more information.
Will
I’ve read through and researched a lot of the info here but still cannot figure out an answer to this question:
My spouse and I are divorcing in Jan of 2017. She does not qualify for benefits of her own (she did not work enough to qualify for her own SSI benefits).
We will both be 63 when we divorce.
If I start drawing my Social Security Benefits at 64, will she then be able to apply for and draw her auxiliary benefits (42.02% of mine) also or must she wait two years before applying for hers?
Leroy t.
My wife of 16 years passed away at age 40, 20 years ago, I was 41 at the time and told I had to wait until I was of retirement age to receive her death benefit, I am now 61 years old, I’ll be 62 in December, not planning on taking my benefits yet, as I am still very active and love my work..can I get my wife’s benefits at age 62…? Then take mine later… I was born in 1954, I believe I can take them at 66…. My children did receive benefits up to age 18 if memory serves, will that affect any possible benefits..?? I haven’t remarried, but what if I did ? Can that affect the benefit??? Or am I just out of luck for not filing shortly after her passing… I did get the one time benefit of $200.00 … I thank you in advance for your help…
D.B.
Hello Leroy. Thanks for your questions. We pay widow’s benefits starting at age 60, (age 50 or over if disabled). For more information, check out our survivors planner. Remarriage after age 60 does not affect eligibility for widow’s benefits.
The earliest age you can receive your own retirement benefits is age 62. In many cases, you could begin receiving your survivor benefit at a reduced rate and then, at your full retirement age, switch to your own retirement benefit at an unreduced rate. Click here to learn about how work can affect your benefits.
Carolyn G.
I’ve been receiving social security on my own for almost 4 years….can I still apply to see if I qualify to draw on my ex-husband’s social security. Under Texas common-law we were together approx. 24 years and got a legal divorce in 1994. I have not been married since.
R.F.
Hello Carolyn. Generally, during the initial interview, when you apply for Social Security benefits, we typically explore other possible eligibility that could yield you a higher benefit amount. In cases where a common-law marriage may be involved, Social Security follows the state laws. To find out if you are eligible for a higher benefit and to discuss your options, contact us at 1-800-772-1213 between 7 a.m. and 7 p.m. Monday through Friday or visit your local Social security office. Thanks.
D.B.
Thanks for your question, Carolyn. Unfortunately, your question is a bit more complex than we can handle in this forum. We recommend that you contact your local office or you can call our toll-free, 1-800-772-1213 (1-800-325-0778, if deaf or hard-of-hearing) for assistance.