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
Comments
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Laura
If I have started receiving Social Security benefits based on my own work record, at full retirement age, Is it too late for me to see if my ex-husband’s benefits might be higher than mine? Circumstances: Married for more than 10 years, never re-married. He has also reached full retirement age. Thank you!
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JOYCE
My husband is getting SSI for awhile now, he has kidney cancer we don’t know how long he will be with us, if he PASSES will I received his SSI? We have been married 9 years I am only 43 years old. Can someone please help me!!!
Luann
well ive been down this road many many times in the last couple of months. but im goin to ask again. i am 62 years old ive started collecting my social security a few months ago. 288 dollars. the problem is i was married for 9 yrs 11 months and 3 days. ive missed this 10 year mark by 27 days is there anyway i can fight this to start collecting from my ex husband? im goin to be homeless in about 3 wks. with what i would of collected from my ex husbands social security benefits i would atleast be able to afford housing. Please for the love of god can you please give me a little bit of good news hear.
R.F.
Thank you for your question Luann. Under current law, 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.
Luann
thank you for the reply an thats just bout what i thought you would say. i just wish there was someway i could get around that 27 days. until i can start collection SSI. this is goin to be a ruff 3 years for me. i guess its a sleeping bag , a tent and a heck of alot of walking for awhile. anyway thank you for your reply
Jan
I am disabled and have been receiving SSD and SSI sense 1997, and in 1998 I divorced after being married 15 years. I can’t make ends meat anymore and need more than I am receiving with my benefits to just cover my living expences, Do I qualify for any kind of benefits from my ex-husbands Social Security? He is now 61 and I am 59.
R.F.
Hi Jan. You may be eligible to receive benefits on your ex-husband’s record if he is entitled to Social Security retirement or disability benefits. If your ex-husband does not apply for his retirement benefits, but can qualify for them and at age 62 or older, you can receive benefits on his record if you have been divorced for at least two years. Here are the other eligibility requirements to receive benefits as a divorced spouse:
• You are unmarried;
• You were married to your ex-spouse for at least 10 years;
• 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.
Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information.
Nettie
I apologize if this question was already asked and answered, but there’s a lot of info here. I am 54, Ex is 66, married 14 years, divorced 2.5 years. I am still working, he is retired and started collecting SS at 62. My SS benefit is higher than his. My understanding is that he gets his benefit, but can also get a portion of mine. Is that true? Up to 50% of my projected retirement at FULL age? Does the amount paid to him impact what I am projecting to receive at FULL retirement age? Is there a way to find out if he applied for ex-spouse benefit?
R.F.
Hi Nettie. Your ex-spouse can receive benefits based on your record if you receive Social Security retirement or disability benefits. On the other hand, if you have not applied for retirement benefits, but can qualify for them (at age 62 or later), your ex-spouse can receive benefits on your record if you have been divorced for at least two years. If you need information about benefits your ex-spouse can receive based on your record, please read Benefits For Your Divorced Spouse. Thanks!
Carolyn
I recently began the process to receive benefits on my ex’s Social Security when I turn 66 next month to delay drawing on my own. (Married 30 yrs.) He had retired early and when I asked him a year ago how much he was getting per month he told me $688. My math said I should get $344. However when I got notification of the amount I will receive, it was $298. I thought I was entitled to half of what he receives. I’m wondering what happened to the other $46? Not trying to split hairs, but that’s a lose of a little over 13% which amounts to $552 in a year. Every penny helps!!!!
R.F.
Hi Carolyn, also consider that your spousal benefit can be as much as half of your ex-spouse’s “Primary Insurance Amount” or PIA, depending on when he retired (his age at retirement). If the worker (ex-husband) begins receiving benefits before “normal (or full) retirement age,” the spouse will receive a reduced benefit. Unfortunately, we do not have access to personal records. For further assistance, please call our toll free number at 1-800-772-1213, Monday through Friday, between 7:00 a.m. and 7:00 p.m.
t v.
hello, iam in my mid 70’s remarried over 13 yrs ago, my ex is getting a portion on my ss benefits she is 73,
i am starting a new job for a good amt of money, my questions are
1) will my ex be entitled to my increase?
2) what portion will my current wife of 13 years receive?
is is split between them>
thank you!
Tony V
R.F.
Generally, if you continue to work while receiving retirement 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 for you or any other beneficiary on your record, a new monthly benefit amount is established on the record automatically. We notify individuals about any changes in their benefits. In addition, the amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.
If you have additional questions, please call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), representatives are available between 7AM and 7PM, Monday through Friday. You will generally have a shorter wait time if you call later in the week. Hope this helps!
t v.
i am 73, my ex wife is getting benefits off of my ss, if i go back to work and my salary increases, will she we entitled to the increase?
Kelebogile K.
I need assistance,
My sisters husband passed 2 years ago and he was married and divorced prior to marrying my sister. Now his ex-wife summoned my sister with demand of 50% on the ex husband’s property and furniture. She is claiming that she only request those things now because her ex threatened her while he was still alive. Is is supported by the law?
R.F.
We only provide general information on Social Security programs and services on this blog.