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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Debbie
My mother-in-law just lost her second husband. She was married to her first husband for app. 30+ years and her second husband for app 30 years. Can she apply for social security from her first deceased husband.
R.F.
We are sorry to hear of your family’s loss Debbie. Your mother in law may qualify for widow’s benefits. To report the death and to find out if she should file for survivors benefits, she can contact her local Social Security office directly or call 1-800-772-1213 (TTY 1-800-325-0778). Representatives at our toll free number are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks.
Ginette C.
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Cynthia R.
Okay, I think I understand, but your help would be greatly appreciated. I am permanently disabled. My X-Husband of 37 years made much more than me, during our marriage.
Since I am disabled, what I have understood is that I can apply to receive a portion of his Social Security Benefits, two years after the divorce is finalized. I am 57 and drawing SSDI.
R.F.
Hi Cynthis, you may be eligible to receive benefits on your ex-spouse’s record at age 62 if:
• You were married to your ex-spouse for at least 10 years;
• You are unmarried;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and,
• 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.
Lauri
I am writing on behalf of my “non-techie” mom. She is 70, and has been receiving SS since age 62. She says she was told the benefit she is receiving is based on her work record, not my father’s (age 71). They were married 17 years, and have been divorced for over 30 years. My father has always made 3 to 4 times what my mother did. She wanted to know if she can switch to receiving the spousal benefit based on my father’s work record, if that turns out to be higher. She is worried that because she has already received SS for years, that she can’t change her election for the basis of her benefit. Could you please let me know if she is able to make this change? Thank you for your help with this!
R.F.
Based on the information you provided, your mother may be eligible for Divorced Spouse Benefits. To find out if she is eligible for a higher benefit amount and to discuss her options, your mother should contact us at 1-800-772-1213 between 7 a.m. and 7 p.m. Monday through Friday or visit her local Social security office. Thanks.
Tammy
Please confirm that an ex-spouse who has not yet paid in 40 quarters is eligible for free Medicare Part A off her ex-husband’s record (he has paid in for more than 40 quarters). They were married more than 10 years and she is not remarried. The ex-husband is 5 years younger.
Assuming she is eligible for free Medicare Part A off of her ex-spouse’s record, is she eligible when she turns 65 or does she have to wait until he turns 62 or 65?
Assuming she has to wait for free Medicare Part A premiums until he is 62 or 65, she will pay a reduced Part A premium because she has paid in close to 40 quarters and then those premiums will cease once her husband turns 62 or 65, correct?
Thank you
Welly B.
My husband passed away 8 years ago, he collected his benefit when his 66 but only for 6 months then he died, now I’m 61 years old and want to collect survivor benefit, I know I would be qualified for 76.3 of his benefit but I was wonder how are they going to calculate the benefit. it’s base on his 70 or 66. In his case could we said he had volunteer suspend his benefit after 6 months
R.F.
Social Security uses the deceased worker’s basic benefit amount to calculate the percentage survivors can get. Remember that a widow’s benefits is based on age and can start any time between ages 60 and full retirement age as a survivor. You cannot apply online for survivors’ benefits. If you wish to apply for benefits please contact your local Social Security office. You can call our toll free number at 1-800-772-1213 to request an appointment. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Maria
I need to know if I can file for SS from my husbands SS. does he have to file for me to do this and I have not seen this man for decades, so I don’t know if he divorced me.
So I need to understand my rights from both scenarios.
R.F.
Hi Maria! Please visit our Retirement Planners: Benefits For You As A Spouse, If You Are Divorced, then check out our publication, “What Every Woman Should Know” for important information. For further assistance, please contact your local Social Security office or call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Carol R.
Hello I just found out my husband passed away in Puerto Rico I do not have his SS Number or his card can I get another one from SS ? Thank you
R.F.
We are sorry for your loss Carol. For information on how we can provide a copy of a deceased person’s Social Security number record, please visit our Frequently Asked Questions web page. If you need to report your husband’s death, or to inquiry about survivor’s benefits you should contact your local Social Security office or call 1-800-772-1213 . You can speak to a Social Security representative between 7 a.m. and 7 p.m. Monday through Friday.
Joan
I am retired. I was married twice and both my husbands died. I am collecting from my first husbands benefits. I just remarried–does that mean that I will loose my SS benefits from my first husband?
R.F.
Hello Joan, congratulations on your recent marriage. If you remarry after you reach age 60, your remarriage will not affect your eligibility for survivors benefits.
Alison K.
I have been receiving long-term NC state disability for 9 years. I think it is stopping in 2017. I re-read state guidelines and read I must apply for SS Disability and let them know if I start getting SS benefits. So I applied, and was rejected for SS Disability benefits. After going through the appeal process 2 times, I finally won my case, got 5 years back-pay and began getting SS benefits in March, 2016. I have still been collecting both State AND SS Disability since then. I am getting ready to let the state know about this. Will I be required to re-pay the NC state disability since SS began?
R.F.
Hi Alison, we can only provide information about our services and programs. You will need to contact your state disability coordinator for information on this matter.