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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Paul
I am currently receiving ss disability and I receive benefits for my 2 children as well. My wife and I are separating and if she claims my children on her taxes do I loose the benefits for my children?
Gen S.
If my ex-spouse dies while I’m receiving ex-spouse 50% benefits, will my ex-spouse benefits automatically increase to 100%?
R.F.
Hi Gen. If your ex-spouse dies while you are receiving ex-spouses benefit, you then qualify for survivor’s benefits. Generally, a widow, widower or a surviving divorced spouse can receive 100 percent of the worker’s basic benefit amount, when he or she attains full retirement age. Visit our Benefits Planner for more information. To see examples of the benefits that survivors may receive check out our Survivors Planner: How Much Would Your Benefit Be? For specific questions, you may call our toll free number at 1-800-772-1213, Monday through Friday, between 7:00 a.m. and 7:00 p.m. Thanks
Ronda M.
I was married 25 years. I have been divorced for 16 years. I have never remarried. I know I am entitled to benefits from my ex because I haven’t been in the work force as long as he. He is retiring at age 62. How will my benefits be calculated from his early retirement?
R.F.
Thank you for your question Rhonda. If you start receiving divorced spouse’s benefits at age 62, your monthly benefit amount is reduced to about 32.5 percent of the amount your spouse would receive if his or her benefits started at full retirement age. Your maximum benefit amount 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. The benefits do not include any delayed retirement credits your ex-spouse may receive. Click here, for more information.
SYLVIA M.
Good evening I have a question if I was married to my ex for 30 yrs I will qualify for spouses benefits correct? What happens if I remarry and he passes away my new spouse am entitled to my 1st husbands benefits?
R.F.
Hi Sylvia. Generally, a divorced spouse may be able to receive benefits on the ex-spouse’s record starting at age 62 or older, as long as the marriage lasted at least 10 years. However, you must also be unmarried and meet additional requirements at the time you apply for Divorced Spouse benefits. If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends. If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow. In this case, if you remarry after age 60 the remarriage will not affect your eligibility for survivor’s benefits. Please read our publication, “What Every Woman Should Know” for more important information. We hope this information helps!
Di
I asked this question a few days ago but haven’t received a response. If in a divorce I am awarded one-half of my ex-spouse’s CSRS government retirement (from which social security taxes were not withheld during his career) will it reduce my social security benefit if I file at retirement under my own earnings? Social security has been withheld from my wages throughout my 40+ years of work history and when I do retire, I will be filing under my own earnings, not my ex’s. Personnel at the Social Security 800 number have given me two different answers, both a “yes” and a “no” and I’d like to be certain before making any retirement decisions. To be clear, I’m not asking what effect it would have on his benefit. I want to know if what I was awarded from his Civil Service government retirement as a divorce settlement will affect my benefit based on when I file for Social Security under my own contributions throughout my career. My current job is local government, from which social security has always been withheld.
R.F.
Hi Di, our apologies if we missed your question before. Based on the information you provided, the money you will receive from your husband’s CSRS pension should not affect your Social Security benefits, which were earned through your own work, in which you assert that Social Security wages were withheld.
If you receive a pension from a federal, state, or local government based on work for which you did not pay Social Security taxes, your Social Security benefits can be affected by these two provisions: The Windfall Elimination Provision (WEP), and the Government Pension Offset (GPO). Remember that when you file your application for retirement benefits, you will receive an official determination of your claim from Social Security, which will provide you appeals rights, if in case, you wish to seek legal advice to verify our decision. We hope this information helps!
Lynn P.
My husband was married to his ex for 16 years, they both worked and earned about the same income, sometimes she earned slightly more. Fast forward 6 years, after the divorce, and now his income has more than doubled. He earns a lot more than her; but he works 10-14 hours a day, sometimes 7 days a week for it versus 8-9 hours a day… 5 days per week. Is her benefit amount based upon the 16 years they were married, or what he will earn after the divorce and for the next 15 years, that she has had absolutely no part of, as she continues to earn a living wage, make up the basis for her benefit? Btw.. she continues to work earning 75- 100k annually.
R.F.
Hi Lynn. Benefits paid to your husband’s ex-wife would be based on his work record. Judging from the information you’ve provided, is possible that your husband’s ex will only be eligible for retirement benefits based on her own earnings record. We pay benefits first from a workers earnings history, if she is eligible for retirement benefits on her own record, we will pay that amount first. Sometimes, a person could be entitled 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 also as a spouse, divorced spouse or widow on another record. However, this individual’s benefit amount can never exceed the highest of either benefit amount to which they are entitled to. Please visit our Retirement Planner: Benefits For Your Divorced Spouse, then check out our publication, “What Every Woman Should Know” for more important information.
Lynn P.
So making sure I understand, because during the 6 years after the marriage, and the 15 years beyond that, he WILL earn more than double her income, she will now be able to receive a “much higher benefit” based upon earnings “he” has/will receive long after their divorce? If I am correct, this is astounding as not even alimony ( which she could not qualify for) works in this manner…. I know the money does not decrease his benefit, but, it takes more money out of a “financially ailing system” to increase benefits for an ex-spouse who qualifies on her own ( and has a 401K).
Patsy R.
Hello. I was awarded a court-ordered pension in June 2016, but nobody can seem to tell me how to collect on it. I called OPM and they told me I needed either the ex-husbands account number and/or the Case #. I told her I didn’t have either one so she said she could not help me. I now have the Case # and have called numerous times throughout the day hoping to catch someone, but nobody answers the phone.
Can you give me any help here?
Michael
If you were married less then 10 years (8 years) but it was more then 30 years ago, are you completely out of luck on getting ex spouse benefits even if you satisfy all the other criteria. Is there a partial benefit you could obtain?
R.F.
Hello Michael, according to our 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.
Di
If my ex husband retired under CSRS and I receive alimony from him will it reduce any social security benefit I would be eligible to receive based upon my own earnings?
R.F.
Your benefits should not be affected based on alimony payments. However, if you receive a pension from a government 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.
Di
If it isn’t called alimony but in the divorce I were to be granted one-half of his CSRS government retirement (from which social security taxes were not withheld during his career) will it reduce my social security benefit if I file at my retirement under my own earnings? I work for a local government which has always deducted social security from my earnings. I’ve called the Social Security 800 number and have received both a “yes” and a “no” answer and would like to be certain before making any retirement decisions.
PAT
I was married for 14 years years and divorced. I remarried for 9 years and divorced. I have not remarried.
Am i entitled to my ex husband for 14 years to any social security benefits from him. I cant afford to leave on what I will be getting. I will be 65 in April 2017
I worked for a very small company for 20 years and they didnt have a retirement/pension plan. NOTHING.
What can I do
If I cant afford to live can I collect welfare
R.F.
Hi Pat, if you were legally married to your ex-spouse for at least 10 years and you are currently unmarried, you may still be eligible for Divorced Spouse Benefits. Please visit our Retirement Planner: If You Are Divorced for more important information. 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.