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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Phyllis M.
I am collecting SS on mine & 37.5% of my ex-husbands record combined. He ii am 63 & he is 66 (but started collecting at 62). He has continued to work. Will his current work record ever raise the amount he gets and will it affect the amount I get?
R.F.
Hi Phyllis. Generally, if you continue to work while receiving retirement (or survivors) benefits, your monthly benefit amount could increase. Each year, we review the records for all working Social Security recipients to see if additional earnings may increase their monthly benefits. If an increase is due, a new monthly benefit amount is established on their records automatically. As always, we notify individuals about any changes in their benefits. If you have additional questions, please call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), representatives are available Monday through Friday, between 7:00 a.m. and 7:00 p.m. You will generally have a shorter wait time if you call later in the week. Thanks!
Kathleen
My ex-husband and I were married for 16 years. I started my benefits at age 62. He makes considerably more money than I ever did. Can I still apply for benefits under his social security? And, would it be equivalent to half of what his benefit is?
R.F.
Hi Kathleen. Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount only if you start receiving benefits at your full retirement age. 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 the person may qualify for. Visit our Retirement Planner: If You Are Divorced for more information. To find out if you are eligible for a higher benefit, call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. and ask one of our representatives to assist you. Thanks.
Linda C.
We were married 35 years and have been divorced since 2010. I am currently going thru a divorce from my second husband. Once my second divorce is final can I recieve Social Security benefits based on my first ex-husbands full retirement amount if I am recieving part of his Federal government pension?
R.F.
Hi Linda. If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends. Visit our Retirement Planner: If You Are Divorced for more information, or call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. if you have additional questions. Thanks.
Mary A.
How can I be sure that I am receiving the correct amount of Social Security benefits? I had applied for benefits before my full retirement age ( had been married for 24 years) and understood that I was able to collect from my ex husbands earnings (which were much more than mine). in addition to my earnings. I am now 67 years old.
R.F.
Hi Mary Ann. To see if you qualify for a higher benefit than what you are currently receiving, you will need to contact your local office or you may call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. and ask a representative to assist you.
Geri B.
I lived with my ex husband for 14 years in Pennsylvania, 9 years legally married, 5 years engaged and living together. I was born 1951, not receiving SS benefits yet. Can i collect on my ex’s SS?
Geri B.
To clarify my ex just passed recently.
Susanne
I just re-read some things. Please disregard the previous post. If it could be deleted….that would be great. Thank you.
Susanne
Hello, I am writing this for my 80 yr old mother. My father and she were married for 20 years and I am their only child. Neither one of them ever remarried. My mother has a lot of ailments, and only qualifies for $823 a month social security benefits. Since she qualifies for so little, she has been deemed “medically needy” and gets a lot of financial assistance with her medical care ( medicare and medicaid). It is really a struggle for her, which is sad at her age and stage of life.
My father passed away in late 2013. I was estranged from him ( he was abusive and my mother raised me without his support; we moved to another state away from him when I was very young in order to be safer). As his only heir, I inherited his property ( sadly, for him, he passed in a house fire ). It took some time to sort through everything and I just recently found out that my mother could qualify for spousal benefits.
My father was receiving social security benefits in the amount of $1534 a month. My mother is afraid to file for spousal benefits because we’re not certain if she will qualify for the full amount of $1534 or ( what I think ?) is the 71% minimum, which would be $1089 a month. She does not know if it is worth it because of how it will affect her medically needy status ( she is on a lot of medications ; she has had mini-strokes, short term memory loss, diabetes, rheumatoid arthritis, osteoarthritis, asthma, fibromyalgia etc). I am moving more into the role of her caretaker these days.
Is there any way to know how much my mother would definitely qualify for – without filing? If it will only be an extra $265 dollars a month – it’s not worth it and will hurt her by causing her to lose her “medically needy” status. If it will be an extra $711 a month though – that may afford her the opportunity to have better healthcare options.
The overall goal is to have her bring in more money, so that she can get a better insurance plan so that she can see better physicians who will help her reduce her medication intake. Right now she is limited to only 12 doctors in her area due to being on medicare/medicaid and – no offense – but the quality of care is atrocious.
If anyone has any suggestions or know where I could go for assistance with this matter – it would be greatly appreciated. Please excuse the wordiness in this long post.Thank you!
Kim G.
I have been married 9 years. Both my wife and I are collecting early retirement under my account. If we were to get divorced before the 10 year time rule, would she lose her benefit or be grandfathered in due to her already collecting the spouse benefit. She is 71 and I’m 65
R.F.
Thank you for your question Kim. Spouse’s benefits for your wife would end with the divorce. She would then be required to meet the 10 years of marriage-duration to qualify for divorced spouse benefits.
Jeffery P.
Hi… My name’s Jeff and I’m the son of a father who’s struggling financially… I recently heard about the ex spouse being eligible to receive an additional amount of social security money if certain criteria has been met. My dad is 67… was married to my mother for 19 years, is currently unmarried… and is currently receiving social security in the amount of $1003. My mother is currently receiving $2230 in social security. My dad called the social security office and was told he was eligible for 37.5% of his ex spouses (my mother’s) social security. He was then told that he would receive either his current $1003 or the 37.5%… whichever is higher. I was under the impression he’s eligible to receive both… the current amount he’s receiving, which is $1003, plus the 37.5%. Am I misunderstanding the rules? Please clarify.
Also, since my dad is over 65yo, I was under the impression he’s eligible for 50% of his ex spouses social security amount… not the 37.5% he was quoted. Please explain. Thank you for your time and attention. -Jeff
R.F.
Thank you for your question Jeff. The information your father received at the local Social Security office seems to be correct. Under current law, if someone qualifies for benefits on his or her own record, we will pay that amount first. If they also qualify for benefits on the ex-spouse’s record and that benefit amount is higher, that individual will get an additional amount on the ex-spouse’s record so that the combination of benefits equals that higher amount. Sometimes, a person may be eligible to more than one benefit at the same time. For example, a person may be entitled as a retired worker on his or her own record and as a spouse or divorced spouse on another record. However, a person’s benefit amount can never exceed the highest single benefit amount to which that person is entitled. In addition, if a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. The reduction factors are permanently applied to all of the benefits the person may qualify for. Your father should continue working with his local office to see if he qualifies for a higher benefit amount. We hope this information helps.
Cathy
Hi I’m 59. I work in a school caferita during the school year. Also I work during school breaks & on week-ends in a restaurant. My first husband passed away in 2000, we were married 12 yrs. I re-married in 2008. My present husband is retired & receives $2300 a month. Can I draw from my late husband’s SS? Thank you