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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terry
I am 66 (born before 1954) and retired earlier this year with state pension. I only have 13 social security credits. After 37 yrs of marriage we divorced earlier this year. My ex-wife will be 58 this month and has 40+ soc sec credits. Do I get half of her sec sec benefits even though I only have 13 credits? Can I begin drawing half of her Soc Sec benefits now? Or do I need to wait till we have been divorced 2 yrs? Or do I need to wait till she is 62? Do I get half of full benefit since I am 66?
R.F.
Thank you for your question Terry. To qualify for divorced spouse’s benefits, your ex-wife would have to be entitled to Social Security retirement or disability benefits. If she does not apply for retirement benefits, but can qualify for them (at her age 62 or older), you can apply to receive benefits on her record if you have been divorced for at least two years. Also, if you receive a state pension based on work not covered by Social Security, your Social Security benefit on your ex-spouse’s record may be affected. If you have specific questions, please call our toll-free number at 1-800-772-1213 for further assistance. 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.
wendy h.
Hi – I will be reaching FRA 5/17, at which time I want to apply for ex-spouse benefit – I was married 15 years, divorced 15 never remarried. My question is this. My full benefit at FRA would be a tad higher than 1/2 of his which I should be entitled to. Am I still eligible to collect 1/2 of his benefit (he too reached FRA 2/17) and then collect on mine when I reach 70?
R.F.
Hi Wendy. If you turn 62 before January 2, 2016, deemed filing rules will not apply if you file at full retirement age or later. This means that you may file for either your spouse’s benefit or your retirement benefit without being required or “deemed” to file for the other. In your case, you may also restrict your application to apply only for spouse’s benefits and delay filing for your own retirement in order to earn delayed retirement credits. Also, your benefit as a divorced spouse can be equal to one-half of your ex-spouse’s full retirement amount if you start receiving benefits at your full retirement age. See our Retirement Planner: If You Are Divorced for more information.
wendy h.
Thank you 🙂
Jenny
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Ruthie
I am 56 and disabled. I haven’t started receiving any benefits yet but I have a question that is really important. Can I receive SSD base on my income and later(at retirement)received my ex-husband SS??? Will I be penalized for early retirement even though I am disabled? How will receiving SSD now can be a disadvantage at this time(if any)or will I be ok in the future. I don’t want to jeopardize my future since as you grow old you have more bills and will require more care.
R.F.
Hi Ruthie. Disability payments are established at the highest rate possible. If your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information. 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 on his/her own record (retirement or disability) 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. You will have to contact us when you become eligible to see if you qualify for a higher benefit amount on your ex-husband’s record. We hope this information helps.
Renata M.
I am 57 years old,married for almost 11 years divorced for 14 years now ( never remarried) ..My ex ,paid social security ever since he started work..but, he’s not collecting benefits, he is retired now , 72 years old ( he has other income), am I still able to apply for benefits on my former spouse’s record ?
R.F.
Hi Renata, if your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
Victoria
I was married more than 10 years. I am divorced now, if I become domestic partners with someone, would I lose the ability to collect on ex husbands social security? Would I be able to collect on domestic partners?
Karen B.
I’m confused. One link you provide says divorced spouses can get 50% of their ex-spouse’s retirement benefit. Another page says it’s 71.5 – 99%. And then this blog says you can only get your survivor’s benefits if your ex-spouse’s benefit is higher than yours.
I’m 63 and collecting SS Disability as of last year. My EX-husband died this year at the age of 65 – he was not yet collecting any Social Security benefits. I have never remarried. Can I collect anything from his benefits at all or only if his benefit would be higher than what I am already getting from Disability?
..
Thank you for your question, Karen. Sorry for the confusion. It sounds like you may have been reading about two different benefits – divorced spouse’s benefits and surviving divorced widow’s 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. If you file prior to your full retirement age, the benefit will be reduced based upon your age.
The benefit amount for a surviving divorced widow is a percentage of the deceased’s basic Social Security benefit. The percentage that you may receive depends on your age. A widow’s benefit at age 60 is 71.5% of the deceased worker’s basic benefit amount. A widow that files at her full retirement age is eligible for 100% of the deceased worker’s benefit amount.
You can file for surviving divorced widow’s benefits now but it would be reduced because you are not yet your full retirement age. You can continue to collect your disability benefit until you’re full retirement age and then file for the widow’s benefit to receive the full amount. Of course, you would only want to file for the widow’s benefit if it is a higher benefit than what you’re already receiving. You cannot collect both benefits, only the higher of the two.
Please visit: Survivors Planner: Benefits For Your Surviving Divorced Spouse 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.
Brian
I am divorced from my ex wife of 21 years. Im confused about the ex spousal benefit. Does she have to make more than I do in order for me to collect on her Social Security? That wouldnt seem fair since she could collect on mine. Am I wrong?
..
Thanks for your question Brian. If you are eligible for both your own retirement benefits and for benefits as an ex-spouse, we always pay your own benefits first. If your benefits as an ex-spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher ex-spouse’s benefit. For more on this topic, please see: Retirement Planner: If You Are Divorced
Tiffany D.
My father just passed away. My mother and him were married for 22 years and divorced 25 years ago. My mother re married and is receiving ss benefits for her second marriage as her second husband died. Is my mother allowerd to receive on my fathers benefits (1st husband) if the amount is higher?
Ruthie
Yes! If her second husband is deceased or she divorce him she can.
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